From Mecklenburg.
The record of a recovery by the creditor of an intestate against his administrator, is not evidence in a suit by the creditor against the securities of the administrator.
This was an action of debt on an administration bond, tried below, before Nash, Judge; and on the trial it appeared that George Hampton bad been appointed administrator to the estate of Thomas Henderson, and entered into bond with the defendants as his sureties. M* Bride, a creditor of Henderson, had sued Hampton and recovered judgment, which was unsatisfied. Hampton being insolvent; and in this suit McBride was permitted to offer as prima facie evidence, the record of the recovery against Hampton. The admission of this testimony formed the ground of a motion for a new trial; and defendants contended also, that this action would not lie against them.
This case presents the precise question that was made in M‘Kellar v. Bowers, decided at this term. In that case the Superior Court rejected the evidence properly; in this case it was erroneously admitted. The judgment here must consequently be reversV ed.
JUDGMERT REVERSED;