Superior Court of North Carolina
(May Term, 1796.)
The plea of plene administravit must be true when it is put in, and not at the time of the trial.
ACTION against an executor, who pleaded plene administravit, and upon evidence it appeared the executor had really administered all the testator’s assets in payment of his debts, but that a great number of these payments had been made, some upon judgment and others voluntarily, a long time after the plea pleaded, but previous to this time.
PER CURIAM.
The only thing now to be considered is whether the plea of fully administered were true at the time it was pleaded, not whether it be true at this time. And as it appears that assets to more than the amount of this demand have been expended since this plea in the discharge of judgments obtained since the pleading thereof, the plea, of course, could not be true when pleaded. (298)
The plaintiff had judgment.
See Evans v. Norris, post, 411; McNaughton v. Blocker, post, 417.
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