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Brunswick County Justices v. Mabry, Hinchia: Judgment, Greensville County

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Brunswick Justices benefit of Peter's admrs against Mabry &c } debt.

Be it remembered on the trial of the issue joined in this cause, the plaintiffs gave in evidence a bond in these words (Know &c) and a record in these words to wit (Virginia &c here insert the whole record) and this being all the evidence on the part of the plfs. the defendant by his counsel, objected That this action was not maintainable because, before a security to an executors bond can be prosecuted, the executor himself ought to have been convicted of a devastavit, and moved the court to instruct the Jury to that effect but the court refused to instruct the Jury but declared their opinion to be that such previous Conviction was unnecessary & that the present suit was proper it being proved that assets sufficient for the payt. of ye Debt had come to ye hands of ye Exr Arch Stuart {seal}