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4 Del. 533

Outten v. Knowles

Superior Court of Delaware

Decided July 1, 1847

Superior Court of Delaware · decided 1847-07-01

This was an action of debt on a guardian bond. Pleas, non est factum, payment, &c. The plaintiffs gave the bond in evidence; the guardian account, showing a balance due the ward, of $62 71; and proved the sum of $48 73, received by the guardian, and not accounted for. The defendants gave in evidence a receipt under seal, dated June 3, 1845, for $63 65, in full, of M. A. Outten’s share of her father’s estate; acknowledged, and recorded in the register’s office.

Decided 1847-07-01

The Court

¶1were of this opinion, and held that the receipt under seal was not merely prima facie evidence of payment; but was itself a bar, and conclusive. (2 Saund. Pl. & Ev. 749; Gilb. Ev. 142; 1 B. & C. 707; 2 Taunt. 141.)

¶2Whereupon the plaintiff suffered a nonsuit.

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