Opinion
(Spring Riding, 1804.)
A judgment in Virginia against defendant as executor, to be levied de bonis testatoris, is proof of assets; and in debt on such judgment here, the judgment shall be de bonis propriis.
THIS was an action of debt brought against the defendants, naming them executors, and founded on a judgment in Virginia against them as executors, to be levied of the goods of the testator, if there were any such, and if not, then the costs de bonis propriis of the defendants. To this action the defendant now pleaded. No assets.
The confession of judgment in Virginia, and the entry in consequence thereof, is a proof of assets, and the judgment now shall go against the defendants for the whole, de bonis propriis.
NOTE. — See Hunter v. Hunter, 4 N.C. 558.