Fanshaw v. . Fanshaw
Supreme Court of North Carolina
This was an action of debt upon the bond given by the defendant, John Fanshaw, and his sureties, upon taking out letters of administration on the estate of Davis Fanshaw, deceased. The breach assigned was the nonpayment to the guardian of the plaintiff, of the amount due him from die administrator, as one of the next of kin of the said Davis Fanshaw, arising from the sale of certain slaves. Plea — conditions performed and not broken.
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This was an action of debt upon the bond given by the defendant, John Fanshaw, and his sureties, upon taking out letters of administration on the estate of Davis Fanshaw, deceased. The breach assigned was the nonpayment to the guardian of the plaintiff, of the amount due him from die administrator, as one of the next of kin of the said Davis Fanshaw, arising from the sale of certain slaves. Plea — conditions performed and not broken. Upon the trial the facts were, that Davis Fanshaw died in the County of Currituck, some time before the November term, 1849, of the County Court of that county ;…
1Opinion of the Court
Battle, J.,
after stating the case as above, proceeded as follows: The only ground of defence taken by the counsel for the defendants in the Court below and in this Court is, that the relat- or was estopped by the petition for partition to which he was a party, from saying that the defendant John Fanshaw ever held the slaves afterwards as administrator. That position is fully sustained by the case of Armfield v. Moore, decided at this term. The allegation that the relator was a lunatic, and therefore not estopped, can make no difference; because the judgment, until reversed, concludes that…
2Cited by1 opinion
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