Hawkins v. . Carpenter

Tiie plaintiff, administrator de bonis non of Robert Scruggs, brings this action against ’ the defendants, the sureties to the administration bond of M. Durham, the former administrator, to recover a balance of $112 in his hands ascertained and reported by auditing commissioners. The defendants in their answer, not denying the indebtedness of their principal, allege that it has been paid, and they are no longer liable therefor. To sustain this defence they introduced as a witness W. C. Durham-, one of the heirs at law of the intestate, M. Durham, and proved a conversation with the plaintiff,…