Note — Vide 1 Saund. 336, note 10, for the form of tin- judgmen in auch case. See also Gregory v. Hooker’s admr. 1 Dev. 442,
M'Rae v. Administrators of Moore, 2 N.C. 209, 1 Hayw. 209 (1795)
April 1795
·
North Carolina Superior Court
2 N.C. 209, 1 Hayw. 209
Duncan M‘Rae v. the Administrators of J Moore.
When “ no na,oís” are picad, toe Plihstiff shall have judgment for the amount of tne assets which h- can show in the hands of the Administrator, anu judgment guando for the batanee of his debt.
Set off and no assets pleaded. The debt was one hundred and fifty-four pounds two shillings, and Plaintiff produced the inventory, shewing assets to the value of one bundled and twenty-four pounds eighteen shillings and six pence; end the jury gave their verditt accordingly — whereupon the Plaintiff* had judgment Cor one bund red and twenty-four pounds eighteen shillings and six-pence, to he levied of the goods of the deceased, in the hands of the administrators ; and for the, residue he had judgment to be ¡. vied of the assets which should thereafter come to the hands of the administrators to be administered.
Vide S Rep. !34. Stcinb. 392. Leon.fol 67. 1 .find.. 150. The Office of Executors, p. 191, says Plaintiff shall have judgment. f«r ps much as Defendant hath assets to *210pay, an(] an award that quando assets acciderint in futuro, that then he shall have, judgment fur th>' residue, npon which award a sci. fa. lies to have judgment and execution. Co. Eat. 151, b.