John McKinley, Dickson v. Administrator of Wilkinson…
“ To these pleas the plaintiffs demurred, and in argument the counsel for the defendant insisted 'that the judgment by default upon the first scire facias did not establish the fact, that any goods, &c., had come to the hands of the defendant, since the judgment of assets quando acciderint; because the said first scire facias did not aver, that goods, &c., had come to the defendant's hands since the said judgment quando; but only, that said goods, &c., had come to his hands, without saying when; and a judgment by default only admits such facts as are alleged. ”
