English's Adm'r v. Cropper

Opinion by

Judge Cofer :

The appellee sought to charge the appellant for a devastavit. The answer contained a denial of the alleged misuse of the assets in his hands, and an averment that all the assets had been used in the payment of the debts of the decedent before notice of the appellee’s claim. If the answer is true the appellant is not liable. It is substantially the form laid down by Mr. Chitty (3 Chitty’s Pleadings 944) ; and in Commonwealth v. Richardson, 8 B. Mon. 81, this court held a similar plea to be good.

If it be true, as claimed by the counsel for the appellee, that the an*429.swer…