Caruthers v. Moore

Green, J.,

delivered tbe opinion of the Court:

This is an action of assumpsit, brought by Moore & Aikin against Samuel Caruthers as executor of James M. Caruthers, deceased. The defendant'pleaded, \.,neunqurs executor : — 2, fully administered ; 8, non assumpsit.

*87The plaintiffs proved that James M. Caruthers had his domicil in Bolivar county, in the State of Mississippi, and died on the 12th of January, 1848, leaving his family and property there. Soon after his death, the defendant made some arrangement with the widow of said James M., and, before administration had been granted in Mississippi,…