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1 Del. 347

State v. Messick

Superior Court of Delaware

Decided July 1, 1857

Superior Court of Delaware · decided 1857-07-01

Scire facias on a recognizance in the Orphans’ Court, upon the appraisement and acceptance by Wilson Messick of the intestate real estate of Jacob Messick, deceased.

Decided 1857-07-01

The Court

¶1charged the jury, that a receipt under seal is conclusive, and cannot be controverted; but it was for them to say whether the sum stated in the receipt to have been received of Philip Short, was applicable to the recognizance. If it was, it was conclusive, and could not be contradicted by paroi evidence. Outten v. Knowles et al., 4 Harr. 533; 5 Saund. Pl. & Ev. 749.

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