
    COURT OE APPEALS, (E. S.) JUNE TERM, 18231
    Seegar’s Ex’rs. vs. The State, use of Seney’s Adm’r.
    /Whether or not jnamiained on a testamentary or administration • bond by a crechnor of the ed, before a nbn Vn¡inTudm^n-SffáhisuífeíSimita 40)1«!&0?6<1
    Appeal from Queen-Brine’s county court. An action 0f debt was brought on the administration bond, dated the ° . • , 24th of December 1808, given by Jhm Benton on the es~ ^ ° , J . of Marlt Bentondeceased. The defendants, (the . y \ P^scnt appellees,) as executors of T. Seegar, one of the sureties in that bond, pleaded general performance. On the part of the state non-performance was repiied, and the breacli assigned was the nonpayment of £130 13s 9d) due to J. Seney, decéásed, (whose executors prosecuted this afction,) as his distributive share of his father’s estate, upori which M. Benton administered. To this replication there was a general demurrer, and a joinder in demurrer; The county court overruled the demurrer, and gave judgment for the plaintiff; from which judgment the defendants appealed to this court*
    The cause was argued at the last June term, before Chase, Ch. J; Buchanan, Martin, and Stephen, J.
    
      Chambers and Harrison, for the appellants,
    relied oil the act of 1720, ch. 24.
    Carmichael, for the appellee,
    cited 5 Com. Dig. 230;
   judgment reversed.’  