Opinion
(Spring Riding, 1804.)
An execution cannot be levied upon the property of a deceased man after it is delivered over to his legatee; but such legatee must account for its value.
DEFENDANT pleaded that after the expiration of one year he delivered over the estate to the legatees, and that afterwards judgments were obtained against the executor, and the property so delivered over was taken to satisfy them, all but five negroes, etc. Demurrer thereto.
Executions cannot be levied on property delivered over to the legatee. He must account for the value, and not redeliver the property to be sold.
Demurrer allowed.
NOTE. — See Alston v. Foster, 16 N.C. 337.
Cited: McKinsie v. Smith, post, 372; Rea v. Rhodes, 40 N.C. 157; Grant v. Hughes, 82 N.C. 220.