
    Downman & al. Exrs. of Downman v. Downman & al.
    [October Term, 1800.]
    Forthcoming Bonds — Obligors—Estoppel.—iu a motion on a forthcoming bond, the defendant not allowed to prove, that the execution issued'against another person of the same name who is now dead.
    This was an appeal from a judgment of the-District Court upon.a forthcoming bond given to the plaintiffs, by Rawleigh Down-man, George Glascock and William Down-man, upon an execution sued out by the plaintiffs against Rawleigh Downman and George Glascock. The motion was made against Rawleigh Downman, George Glas-cock and William Downman.
    Upon the trial of the motion, the defendant George Glascock filed a bill of exceptions stating, that -he moved the Court to admit evidence to establish, that the original judgment was obtained against Raw-leigh Downman and George Glascock deceased, (and not the present defendant) *who was bail for the appearance of the said Downman at the suit of the plaintiffs, and that the execution was levied on the property of George Glas-cock, the present defendant, and not the property of George Glascock deceased: To which the plaintiffs counsel objected; and that the Court sustained the objection.”
    The District Court gave judgment for the plaintiffs against all the defendants; and thereupon Glascock appealed to this Court.
    
      
      Bonds — Obligors—Estoppel.—In Shaw v. McCullough, 3 W. Va. 261, it is said: “The obligors having voluntarily executed the bond, I think they are precluded and estopped from all inquiry as to the regularity and validity of the levy of the execution upon which it was taken, and that the circuit court did not err in rendering the judgment complained of. Downman, Ex'or v. Downman, 2 Call 426; Carper and Others v. McDowell, 5 Gratt. 212; Cox and Others v. Thomas’s Adm’x, 9 Gratt. 312; Cecil v. Early and Others, 30 Gratt. 198; 1 Green1. Ev. §§ 22, 26 ; 4 Kent 261, note,” See monographic note on “Bonds” appended to Ward v. Churn, 18 Gratt. 801.
    
   Per Cur.

Affirm the judgment of the District Court.

Judgment Affirmed.  