Chase v. Bradley
Supreme Judicial Court of Maine
This was an action of debt on two several judgments in favor of Stephen Chase, deceased, of whose estate the plaintiffs are executors, against the principal defendants. The parties agreed upon a statement of facts, which facts sufficiently appear in the opinion of the Court. The parties agreed, that the Court should render such judgment on the facts, as the law should require.
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This was an action of debt on two several judgments in favor of Stephen Chase, deceased, of whose estate the plaintiffs are executors, against the principal defendants. The parties agreed upon a statement of facts, which facts sufficiently appear in the opinion of the Court. The parties agreed, that the Court should render such judgment on the facts, as the law should require. The release was in the following terms : — “ Whereas Stephen Chase, Esq. late of Fryeburg, deceased, did at the term of the Supreme Judicial Court, jiegun and holden at Portland, in and for the county of Cumberland, on…
1Opinion of the Court
The opinion of the Court was drawn up by
Shepley J.
The validity and effect of a sealed instrument, executed by the plaintiffs and delivered to the defendant, Warren, on December 21, 1844, is to be considered.
*538The defendants contend, that it is a release of one moiety of two judgments declared on in this action. The plaintiffs insist, that it is invalid, because they, as executors, had no legal right to compound and discharge debts due to their testator without the approbation of the Judge of Probate. And that if valid, it cannot operate to discharge the defendants, in such a manner as to…
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