60 N.C. 493 | N.C. | 1864
In Alston v. Hamlin,
The authority of that case has always been acknowledged; and the principle therein established must entitle the present plaintiffs to a judgment on the case agreed, unless the partition of the slaves, made under the decree of the county court of Halifax, shall be deemed sufficient to prevent it. If the plaintiff's testator had been a party to the suit for partition, then he would have been estopped by the record from (496) setting up any title to the slaves. Armfield v. Moore,
What will be the effect of the record of partition between the parties thereto when the present plaintiffs shall assent to the legacy, is a question not presented to us, and upon which, therefore, we refrain from expressing any opinion. *319
As the case now stands, we think the judgment given in the court below upon the case agreed is erroneous, and must be reversed, and a judgment be entered for the plaintiffs.
PER CURIAM. Reversed.
NOTE. — No estoppel of record is created against one not a party to the record. Falls v. Gamble,
Cited: Falls v. Gamble,