
    Wilson’s Ex’rs. vs. Slade, et ux.
    
    Or tlie issue ■joined loa plea of plene administra* vit, the plaintiff? did not offer evidence of any assets which had • come to lh" banda of the defendantSg I (the ex-, eutor.-i)— Held, that it was necessary for the plaintiff to shoW : that assets had come to the hands, of the executors* and that the pieá was not an adtuis* sion of assets fo the amount of the plaintiff’s . claim, although the cxefe cutors did not prove the contrary by the production of the inventory, or by othef e vidence
    Appeal from the General Court. Debt on the samé bond as in the case of the present appellees and Morgan, (ante 58.) In this case there were the same pleadings as in that case, with the additional plea of plene adminisfravif, and the general replication thereto. At the trial, at October term 1803, the plaintiffs, (now appellees,) offered no evidence of any assets which had come from John Wilson, deceased, the defendants’ testator, to the hands or possession of the defendants; but contended for, and prayed the opinion of the court, and their direction to the jury, that on the plea of plene administravit it was not necessary for the plaintiffs to show that any asset's had come to the hands or possession of the defendants; for that the plea was, unless the defendants proved the contrary by the production of the inventory, or by other evidence, an admission of assets to the amount of the plaintiffs’ claim. The Court, [Done and Sprigg, J.J gave the opinion and direction, on the authority of the case of Slade and wife against Morgan. The defendants excepted, and the verdict and judgment being against them, they appeáled to this court. i • I :
    
      Johnson, (Attorney-General,) and Magruder, for the Appellants;
    
      Martin, Hall and T. Buchanan, for the Appellees.
   The Court

reversed the judgment of the General Court* upon the same grounds as in the case of Morgan vs, Slade, H al. (ante 38,) and awarded a procedendo.

•JUDGMENT REVERSED;  