#### Anonymous.

The plea of plene administravii must be true when it is put in, and not at the time of the «rial.

This was an action against an executor who pleaded plene administravii, and upon evidence it appeared the executor bad really administered all the testator’s assets in payment of his debts; but that a great number of these payments had been made, some upon judgment and others voluntarily, a long time after the plea pleaded, but previous »o this time.

Per curiam

The. only thing now to be considered, is, whether the plea of fully administered, were true at the time it was pleaded — not whether it be true at this time. A<>d as it appears that assets, to more than the. amount of Hot demand, have been expended sine this plea, in tne discharge of judgments obtained since the pleading there* *344of, ihe pica of course, could not he true when pleaded.— The Plaintiff had judgment.

Note — Vide Evans v. Norris’s Admr's. post 411. Surv. Partners of Mc. Yaughton and Co. v. Blorker's Admr. post 117. Churchill and Lamotte v. Cameron, Conf. Rep. 555, S. C. 1 Murphey 39. Collins v. Underbill’a Ex'r N. C. L. Repos. 579.