Foster v. Wallace

Wallace sued the Fosters, appellants, as executors of Charles Simmons, in an ac-r tion of debt on a bond made by Simmons on the 18th day of February, 1824, for a sum of money to be paid on the 1 st day of May, 1826. The defendants pleaded 1st, non est factum ; 2d, me tinques executors ; and 3d, that Simmons died intestate, and that before the commencement of this suit, Robert Wash was, and ever since has been, and.still is, Simmons’ administrator. Upon the first and second pleas the plaintiff took issue, and to the third plea replied, that the defendants, after the death of Simmons, and…