This is a debt upon bond, against-, the heir of’ A the obligor ; and if the plea of nothing by descent or devise-,, be falsified by verdict, the judgment will be de bonis preprih c£ the heir or devisee. And it will not help the defendant if tbs jury should find the value of the land on such issue, for still the court would give the judgment against the defendant injurepre-prio for the whole debt.. Thereupon this plea was by consent withdrawn, and the lands-devolved to the defendant'in remain» d.er set forth in a new plea,
Hamilton v. Simms, 3 N.C. 291, 2 Hayw. 291 (1803)
Dec. 1803
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North Carolina Superior Court
3 N.C. 291, 2 Hayw. 291