
    Ames & Ames vs. Webber’s Executors.
    ALBANY,
    Feb. 1834.
    
      Non detinet by an executor is a bad plea to a declaration on judgment against his testator ; and being shewn to be false, will, on motion, be struck out with costs.
    To a declarad on in debt, on judgment against the testator of defendants, the defendants pleaded that they did not detain, &c. which plea the plaintiffs moved to have stricken from the record, and that they have leave to enter judgment as for want of a plea, on an affidavit that the plea is false.
    
      D. Graham, jun. for plaintiffs.
    
      S. Stevens, for defendants.
   By the Court,

Sutherland, J.

The plea is bad in law and false in point of fact. The latter ground is sufficient to sustain the motion. 6 Cowen, 35. Motion granted, with costs.  