Cox v. Staten

1. Where a judgment de bonis testatoris was rendered in a suit against executors who had failed to plead a want of assets, it was conclusive that at the time of the rendition of the judgment they had assets of the estate sufficient to pay the debt upon which the judgment was rendered, and where assets belonging to the estate could not after-wards be found in their hands to satisfy the judgment, it was conclusive as against the plaintiff in execution that the executors had committed a devastavit, unless the executors could rebut this conclusion by showing otherwise. Where the executors, more…