
    Newbern,
    
      September Term, 1796.
    EAVES & EAVES vs. EX’R of STARKEY, EX’R of EAVES.
    ACCOUNT. The jury found the following special verdict viz.
    “ That Edward Starkey was executor of Edward Starkey, who “ was executor of Richard Eaves. That Edward Starkey, the first “ testator, came to the possession of fundry negroes, as executor “ of Richard Eaves, hired them out, and received the hire.”
    
      “ That the defendant is the receiver of the plaintiff.”
    
      “ Subject to the opinion of the court, on the two following “questions.”
    
      " I. Whether an action of account lies against the executors of " an executor?"
    “ 2, Whether it can be sustained to charge an executor as bai " liff, or receiver of legatees?"
    
      Stade for the plaintiff.
    
      Graham for the defendant.
   The Court,

Williams J. and Haywood J.

gave judgment for the defendant, on the second question.

They gave no opinion on the first question-it being unnecessary in this case. See 4. Ann, 16, 37, 394in  