Bashaw v. Blakemore's Administrator
Tennessee Superior Court for Law and Equity
Suit was instituted, after which the administrator procured commissioners to be appointed by the county court, to settle with him ; they did so but in the settlement no mention was made of the kind or dignity of the debts paid. This settlement was relied upon as evidence to support the plea plene administravit, before Powell, j. sitting alone. Verdict for defendant.
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Suit was instituted, after which the administrator procured commissioners to be appointed by the county court, to settle with him ; they did so but in the settlement no mention was made of the kind or dignity of the debts paid. This settlement was relied upon as evidence to support the plea plene administravit, before Powell, j. sitting alone. Verdict for defendant. Upon a rule for a new trial, Dickenson, for defendant opposed the new trial, upon two grounds. 1st. The settlement was good prima facie evidence in such a case. 2d. If it were not the settlement being in the usual form it was a…
1Opinion of the Court
Per Curiam. Powel j. Overton j. and [Humphreys j. having been employed did not sit.]
After the institution of suit, such settlement ought not to have been received, even as prima facie evidence that the monies were disbursed in the correct course of administration.
It would be evidence, that the aggregate sum disbursed. Before suit brought, such a settlement would be good prima facie, evidence, that the sums were disbursed aaccording to the course pointed out by law, but it cannot be afterwards, as the defendant then had notice of the demand and his settlement should have been prepared to meet…
2Cited by3 opinions
- Siler v. SilerTennessee Supreme Court · 1925
- Rogers v. Jennings' LesseeTennessee Supreme Court · 1832
- Stephenson ex rel. Ervine v. YandleTennessee Supreme Court · 1816