Craven County, NC - William Exum v. the Heirs of Benjamin Sheppard, 1811 From Craven Judgment being given for an administrator, upon the pleas of "fully administered," a scire facias issued to the heir to show cause why judgment of execution should not be had against the real estate descended. The heir pleaded "nothing by descent," and afterwards, pending the suit, he pleaded "that since the last continuance the lands had been sold to satisfy other executions." The plaintiff demurred; and the demurrer was sustained. The plaintiff recovered against James Glasgow and Martha Jones Sheppard, administrators of the estate of Benjamin Sheppard, deceased, in the County Court of Greene, in an action of convenent, £., for damages and £., costs of suit; but the plea of "fully administered" was found for the defendants. The plaintiff then sued out a writ of scire facias against the defendants, suggesting that the said Benjamin Sheppard died siezed of a large real estate, which descended upon the defendants, as heirs at law, and praying for execution of the said damages and costs against the real estate of them descended. Upon the return of this wirt the defendants appeared and pleaded several pleas, amongst which were, "No such record, and nothing by descent"; and issues being joined upon said pleas, they were all found for the plaintiff. The defendants being dissatisfied with the verdict, appealed to the Superior Court for New Bern District. The transcript of the record was filed by the defendants in due time, and the case stood upon the docket of the Superior Court for trial upon the issues joined in the County Court, until January Term, 1804, when the defendant's counsel, as of course, and without motion of the court, pleaded "that since the last continuance the lands have been sold to satisfy other executions issued from this court," to which plea the plaintiff demurred, and the defendants joined in demurrer. At July term the issues joined between the parties of the County Court were tried and found for the plaintiff; and the issue in law joined between the parties was sent to this Court. By the Court. Let the demurrer be sustained. Source: NC Reports July Term, 1811 NC Supreme Court Pg 68-69 ______________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by Guy Potts - gpotts1@nc.rr.com ______________________________________________________________________