
    Chairman of Mecklenburg County Court, to the use of M’Bride, v. Clark and Springs.
    From Mecklenburg.
    The record of a recovery by the creditor of an intestate against his administrator, is not evidence in a suit by the creditor against the securities of the administrator.
    This was an action of debt on an administration bond, tried below, before Nash, Judge; and on the trial it appeared that George Hampton bad been appointed administrator to the estate of Thomas Henderson, and entered into bond with the defendants as his sureties. M* Bride, a creditor of Henderson, had sued Hampton and recovered judgment, which was unsatisfied. Hampton being insolvent; and in this suit McBride was permitted to offer as prima facie evidence, the record of the recovery against Hampton. The admission of this testimony formed the ground of a motion for a new trial; and defendants contended also, that this action would not lie against them.
   Per Curi-am. —

This case presents the precise question that was made in M‘Kellar v. Bowers, decided at this term. In that case the Superior Court rejected the evidence properly; in this case it was erroneously admitted. The judgment here must consequently be reversV ed.

JUDGMERT REVERSED;  