
    DAVID R. BENNICK v. P. H. BENNICK and J. R STAMEY, Adm’r. &c.
    Where a creditor has exhausted legal remedies without avail, he may have the assistance of equity in subjecting to his claim the trust funds of his debtor — as, here, an interest in an estate in the hands of an administrator.
    (The cases, Hough v. Cress, 4 Jones’ Eq., 295, and Tails v. Williams, Hid, 352, cited and approved.)
    Original Bill, to subject an interest in the bands of an administrator to the satisfaction of a claim of a creditor of one of the next-of-kin. It was filed to Fall Term, 1864, of the Court of Equity for Lincoln county, and the defendant, Bennick, demurred thereto; the other defendant filing neither answer nor demurrer, and no other proceedings being had in regard to him. The case was thereupon “ set for hearing, and sent to the Supreme Court by consent.”
    The course of the opinion renders no statement-of the facts necessary.
    Bynum, for fhecomplainaiit.
    
      Logan, for the defendant.
   Battle, - J.

We are unable to perceive any .ground upon which the demurrer in this case can be sustained. The bill alleges debts due the plaintiff, that they have been reduced to judgments, that executions of fi. fa. issued upon them have been returned, no goods and chattels, lands or tenements, tobe found,” and that the defendant, P. H. Ben-nick, is insolvent, except as to the distributive share now in the hands of the defendant, Stamey. These allegations are admitted hy-the demurrer, and according to the eases of Hough v. Gress, 4 Jones Eq., 295, and Tabb v. Williams, Ibid, 352, they show that the plaintiff should have the relief which he .-seeks.

The demurrer must be overruled and the cause remanded, to the end that the defendants may answer the bill.

Per Curiam.

Demurrer overruled.  