Gray v. . Swain
Supreme Court of North Carolina
From Bertie. Thl<5 was an action of Jismnvpdt, to which Defendant ■pleatied the general issue, no assets, and pleas adminis-travit. The Plaintiff to charge the Defendant with assets, proved that the iuiectolo died possessed of a personal estate much larger than would be sufficient to satisfy the Plaintiff** demand, but that before administration was granted, a irespawr took posses,1sioii of all Use assets, and held them a» his own.
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From Bertie. Thl<5 was an action of Jismnvpdt, to which Defendant ■pleatied the general issue, no assets, and pleas adminis-travit. The Plaintiff to charge the Defendant with assets, proved that the iuiectolo died possessed of a personal estate much larger than would be sufficient to satisfy the Plaintiff** demand, but that before administration was granted, a irespawr took posses,1sioii of all Use assets, and held them a» his own. Administration was granted on the 18th of February, 189.0, and the process of the Plaintiff issued on the 15th of June, 1820. The trespasser was introduced as a…
1Opinion of the Court
Taylor, Chief-Justice,
delivered the opinion of the Court:
The plea of fully administered, avers that the Defendant hath not, nor at the commencement of the suit, or at any time since has had, any goods or chattels which were of his intestate at the time of his decease, in his hands to be administered; and the replication to this plea puts in issue the question, whether the Defendant hath duly administered the assets up to the time of the plea pleaded — (1 Saund. 336.) The intestate died possessed of personal property to a greater amount than svas necessary to pay the Plaintiff’s debt, but this…
2Cited by2 opinions
- Carethers v. BlairCourt of Appeals of North Carolina · 1981
- Ferguson v. . McCarterSupreme Court of North Carolina · 1817