Garner's Administrator v. Strode

*314Opinion of the Court,

by Judge Mills.

'Garner, the intestate of the present appellant, who is his administrator, being indebted for rent to Strode, was subjected to a distress warrant, and gave a replevin bond, .and then filed his bill, alleging that he had paid part of the debt, and had demands against Strode sufficient to extinguish the residue, which he could not assert at law, because Strode resided without the commonwealth.

The court below dismissed his bill, and awarded ten per centum damages on the.amount of the replevin bond, and costs of suit.

■ It -is evident that the decree must be…