Watson v. Dickey & Gaston

1 Tapp. Rep. 235

Opinion

President.

This declaration cannot be supported; you cannot charge an executor in the debet and detinet, for it is not his debt, but that of the testator; neither can you join a defendant in his own right, with an executor who defends in another right, for the same .judgment is not to be rendered against both; the first is answerable de bonis propriis, the latter de bonis testatoris only.

Demurrer sustained.