HOSTLER v. SMITH

An execution cannot be levied upon the property of a deceased man after it is delivered over to his legatee; but such legatee must account for its value.

PER CURIAM.

Executions cannot be levied on property delivered over to the legatee. He must account for the value, and not redeliver the property to be sold.

Demurrer allowed.

NOTE. — See Alston v. Foster, 16 N.C. 337.

Cited: McKinsie v. Smith, post, 372; Rea v. Rhodes, 40 N.C. 157; Grant v. Hughes, 82 N.C. 220.