Superior Court of North Carolina, 1800

Alston v. Harris's Executors

Superior Court of North Carolina · Decided July 5, 1800 · Taylor

3 N.C. 125

Counsel

Haywood e contra: A fi. fa . as asked for has been issued in our courts, and in some cases it is not attended with any inconvenience. But in the present case one of the executors never had in his actual possession any of the goods of the deceased, but the other two only; they, therefore, ought to be only answerable for the devastavit . 2 Ba. Ab., 395; Godol., 134; Off. Exrs., 100.

Opinion of the Court

Taylor, Judge

The practice in this country hath been to Esue a special fi. fa. for the sheriff to levy de bonis propriis, if it can appear to him that the defendant hath wasted: but I will take time to consider. Afterwards at another day, the parties informed the court that a compromise had been made with one of the executors, who no longer insisted upon the sci. fa.

Per curiam — Let the special fi.fa. issue as prayed tor.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.