Latham v. . Bell

69 N.C. 135

• Court: Supreme Court of North Carolina
• Decided: June 5, 1873
• Status: Published

Opinion

Reade, J.

In Badger v. Jones & Watson, 65 N. C. Rep. 305, it is said that “ for devastavit on the part of the previous administrator, the administrator de bonis non ought tore-, cover the value of the goods and effects wasted by an action on the bond of his predecessor.” That is decisive of this. case. It is true that in the case cited the administrator de bonis non was allowed to sell the land without a suit upon the bond for the devastavit of personal property; but that was put expressly on the ground that the sureties to the-bond were insolvent, which is not alleged in the case before us.

There is no error.

Per Curiam. Judgment affirmed.