CHAIRMAN v. CLARK

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.

PER CURIAM.

This case presents the precise question that was made in McKellar v. Bowell, ante, 34. In that case the Superior Court rejected the evidence properly; in this case it was erroneously admitted. The judgment here must consequently be

Reversed.

Cited: Armistead v. Harramond, post, 341; Governor v. Carter, 25 N.C. 341; Brown v. Pike, 74 N.C. 534; Moore v. Alexander, 96 N.C. 36.

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