
    Case No. 17,842.
    WILSON v. TURBERVILLE.
    [1 Cranch, C. C. 492.] 
    
    Circuit Court, District of Columbia.
    July Term, 1808.
    Plea of Limitations—When Piled.
    In actions against executors and administrators, the statute of limitations may be pleaded after office judgment.
    [See Cases Nos. 17,843 and 17,844.]
    This cause having been referred, but no issue made up, and the award having been set aside at the last term, and the cause standing on an office judgment and writ of inquiry,—
    Mr. Swann, for defendant, moved to plead the statute of limitations, which
    E. J. Lee, for plaintiff, opposed, and produced the will of Turberville, by which he orders all his just debts to be paid, and contended that that would be a good bar to the plea of the statute, and that the court would not suffer a nugatory plea to be pleaded.
   But

THE COURT

(DUCKETT, Circuit Judge, absent)

admitted the plea, it being in a case of executors, and referred to the case of Dean v. Flannery [Case No. 3,707], at November term, 1807, where the plea was admitted after office judgment.  