Stansell v. Lowry

1. “In an action against an executor or administrator in his representative character, the judgment shall be de bonis testatoris, except when he pleads ne unques executor, or a release to himself, or plene administravit, or plene administravit prseter, and his plea is found against him; in which case the judgment is that the plaintiff recover both the debt and costs, in the first *285place to be levied of the goods and chattels, lands and tenements of the deceased, if to be found, and if not to be found, then to be levied of the personal goods and chattels, lands and tenements of the defendant.”…