Blanchard v. . McLaughan

The cause came on to be heard before TAYLOR, C. J., at Spring Term, 1815, of Bertie Superior Court, when a motion was made to dismiss the bill as to the executors of Devan, upon the ground that they were only responsible to the administrator de bonis non of McLaughan, who is responsible to the complainants.

The motion to dismiss was overruled by the court, and from that order an appeal was brought to this Court. We are all of opinion that the motion to dismiss the bill should be overruled. And although we hold that a creditor or next of kin cannot, without special circumstances, call upon a…