Wood v. Washburn

Massachusetts Supreme Judicial Court
Wood v. Washburn, 19 Mass. 24 (Mass. 1823)

Wood v. Washburn

Opinion of the Court

M. Morton,

in support of the demurrer, contended that it was not a good plea for the defendants, to say that some other person did not execute the bond ; and that if the bond had any validity, it was as a probate bond. The bond recites that the administratrix is bound, and the defendants are estopped by their deed from denying it. Jac. Law. Dict. Estoppel; Hosier v. Searle, 2 Bos. & Pul. 299 ; Co. Lit. 352 ; Willoughby v. Brook, Cro. Eliz. 756 ; Strowd v. Willes, ibid. 362 ; Shelley v. Wright, Willes, 9 ; Bac. Abr. Pleas &c., I 11 ; 1 Saund. 216, n. 2; ibid. 326, n. 4 ; Kemp v. Goodal, 1 Salk. 277 ; S. C. 2 Ld. Raym. 1154 Palmer v. Ekins, ibid. 1550 ; Adams v. Barnes, 17 Mass. R. 365 ; 10 Vin. Abr. 468.

Eddy, contra, relied on the case of Bean v. Parker, 17 Mass. R. 591, where it was held that a bail bond not signed by the principal named in it was void.

At May term 1824, at Plymouth, the third and fourth pleas were adjudged good.

Reference

Full Case Name
Wilkes Wood, Judge &c., versus Sampson Washburn
Status
Published