Den on Demise of Murphy v. Barnett

6 N.C. 251

Opinion

Taylor, Chief-Justice,

delivered the opinion of the Court:

M e think the decision of this case rests on a plain principle of law ; and that as h ,+h parties claim directly from Thomas Barnett, they are privies in estate, and it ■ is not competent to either, as such, to deny his title. Tiie Defendant has accepted a deed from him, which admits the title, and estops him from denying it afterwards for a person may be estopped by matter in pais, as wel, as by indenture or writing. The doctrine as applied to tills case, appears highly reasonable, since nothing bnt ihe truth ought to be alledged by any man in his de-fence, and what he has alledged must be presumed to be true, and he ought not to contradict it. a new trial be discharged. Let the rale for