fpHE question here was, whether the defendant, who was •*- executor, could plead judgments obtained against him since *336tbe last continuance : and the court now decided that the defendant must plead at first the true state of his assets ; otherwise he might delay the plaintiffs until after a bond debt become payable — then suff ;r judgment in that, and bar the present plaintiff by pleading a judgment upon a debt not due till long alter the commencement of the present suit.
Churchill v. Howard, 3 N.C. 335, 2 Hayw. 335 (1804)
Dec. 1804
·
North Carolina Superior Court
3 N.C. 335, 2 Hayw. 335
Court of Conference,
Raleigh,
December Term, 1804.