Foster v. Nowlin

The opinion of the court was delivered by

McGirk

Justice.*

Nowlin brought an action of debt against Josiah Foster and George S. Foster as Executors of Charles C. Simmons deceased. The defendants pleaded 1st. non est-factum by Simmons.

2nd. That they are not executors of Simmons; on both the pleas issues of fact were made.

3rd. That Simmons died intestate: that after his death and before the commencement of the suit one R. Wash was appointed andyet is adm’r. of the goods &c. oí C. Simmons in this State. Replication, that before the granting said letters and after the death of Simmons the defendants…