Court of Conference,

Raleigh,

December Term, 1804.

#### Churchill and Lamotte vs. Howard.

fpHE question here was, whether the defendant, who was •*- executor, could plead judgments obtained against him since *336tbe last continuance : and the court now decided that the defendant must plead at first the true state of his assets ; otherwise he might delay the plaintiffs until after a bond debt become payable — then suff ;r judgment in that, and bar the present plaintiff by pleading a judgment upon a debt not due till long alter the commencement of the present suit.