Langford's administrators v. Gentry

*468OPINION of the Court, by

Ch. J. BoYee.

This waá an action of assumpsit brought by the defendant in error against the plaintiffs, as administrators of Stephen Langford, deceased. The plaintiffs in error pleaded, 1st, non assumpsit, upon which issue was joined; 2d, that the action did hot accrue to the defendant in error within fi ve years next before the commencement of the suit; to which the defendant in error replied, “ that he *469instituted suit within one year after the death of the intestate, and that five years after the action accrued had not expired at’the time'of the intestate’s death and…