Hogg v. . White

It was moved on the part of the plaintiff that a special fi. fa. should issue to the sheriff to levy the debt de bonis testatoris, if any to be found, and if not, de bonis propriis of the administrator.

Spillar argued e contra that there could be no judgment de bonispropriis against an executor or administrator but when he pleaded a false plea, the falsity whereof was within his own knowledge, and which plea, were it true, would be a perpetual bar to the plaintiff. It is contended that before an executor can be charged de bonispropriis, some process should be issued against him to which he…