Borden v. Nash's Administrator

Superior Court of North Carolina

Borden v. Nash's Administrator

1 N.C. 42

DecidedSeptember 15, 1796

StatusPublished

This text of 1 N.C. 42 (Borden v. Nash's Administrator) is published on Counsel Stack Legal Research, covering Superior Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Borden v. Nash's Administrator, 1 N.C. 42 (N.C. Ct. App. 1796).

Pincite

Opinions

Stone, J.

The practice is generally so said down in the books, and the authorities are all that way; but the courts in this country have taken a shorter road—and whenever the defendant does not plead plene administravit, they have always permitted the plaintiff on nulla bona being returned on the execution the bonis testatoris, to levy the debt de bonis propriis, without waiting for the return of a devastavit.

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Stone, J.

The practice is generally so said down in the books, and the authorities are all that way; but the courts in this country have taken a shorter road—and whenever the defendant does not plead plene administravit, they have always permitted the plaintiff on nulla bona being returned on the execution the bonis testatoris, to levy the debt de bonis propriis, without waiting for the return of a devastavit.

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Bluebook (online)

1 N.C. 42, Counsel Stack Legal Research, https://law.counselstack.com/opinion/borden-v-nashs-administrator-ncsuperct-1796.