Rountree v. . Sawyer
Supreme Court of North Carolina
Debt upon a bond of the defendant’s intestate. Pdea — piene adminislravit. On the trial before Daniei, ' Judge, at Chowan, on the Fall circuit of 1829, the only question was, whether the defendant could protect the assets in his hands from the claim of a specialty creditor, by the payment of a prior judgment quando upon a simple contract debt, after notice of the specialty. By the directions of his Honor a verdict was returned for the plaintiff, and the defendant appealed.
1Opinion of the Court
Ruffin, Chief-Justice.
Payment of an open account ■after notice of a specialty is a devastavit. The question is therefore, whether payment of a judgment quando on an open account, after such notice, be different. Such a judgment does not fix the executor with assets ; and if they be subsequently received, the executor is not chargeable in debt suggesting a devastavit of those assets, but they must first be ascertained on a sci. fa. on the judgment quando, suggesting that they have come to hand. Consequently on such a sci. fa. the executor is not absolutely liable on proof simply of assets…
2Cited by2 opinions
- Campbell v. Peoples Savings Bank & Trust Co.Supreme Court of North Carolina · 1939
- Gregory v. . HookerSupreme Court of North Carolina · 1815