Mitchum's Heirs v. Mitchum's Administrators

Judge Marshall

delivered the Opinion of the Court.

James Mitchum having died, in the year 1823, much indebted, andleaving several infant children, Polly Mitchum, his widow, Dudley Mitchum, his father, and Goodloe Carter, became his administrators; and, in December of that year, made sale of his personal estate and negroes.

At this sale, Carter, one of the administrators, and John Mitchum, purchased articles to the aggregate value of fifteen hundred and sixteen dollars, ninety six cents. Whether this was to be paid in specie, or Commonwealth’s Bank notes, is the principal question of fact in the…