Fox v. Apperson's

JUDGE ROBERTSON

delivered the opinion oe the court.

The statutory requisition of affidavit and demand, as an essential preliminary to an action against a personal representative, does not apply to such a case as this suit in equity, in which the petition charges that the testator of the appellee had, as agent, sold lands for the benefit of the appellants for which he never accounted; that the appellants have no knowledge of the fiducial transac*654tions of the employee; that the appellee holds the only evidences thereof, and not only withholds them, but declines to make a settlement; and therefore…