Supreme Court of North Carolina, 1873

Latham v. . Bell

Latham v. . Bell
Supreme Court of North Carolina · Decided June 5, 1873 · Reade
69 N.C. 135

Latham v. . Bell

Opinion of the Court

Reade, J.

In Badger v. Jones & Watson, 65 N. C. Rep. 305, it is said that “ for devastavit on the part of the previous administrator, the administrator de bonis non ought tore-, cover the value of the goods and effects wasted by an action on the bond of his predecessor.” That is decisive of this. *137 case. It is true that in the case cited the administrator de bonis non was allowed to sell the land without a suit upon the bond for the devastavit of personal property; but that was put expressly on the ground that the sureties to the-bond were insolvent, which is not alleged in the case before us.

There is no error.

Per Curiam. Judgment affirmed.

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