decided. This.bill is proper enough, and will prevent circuity 01 action. The heirs now may insist upo» every defence which th.-y would were the executors first sued to-judgment and then the heirs.
Smith v. Heirs of Sheppard, 3 N.C. 163, 2 Hayw. 163 (1802)
Jan. 1802
·
North Carolina Superior Court
3 N.C. 163, 2 Hayw. 163
Nathan Smith vs. the heirs of Sheppard.
í'T'HIS, was a bill for an account brought against the administra- ■+■ tors and, the li.eirs.of Sheppard, to which the heirs demurred j and after argument,