Legal Opinion

John v. Jones

Supreme Court of Alabama

Decided June 15, 1849PublishedCited by 4 opinions

Error to the Circuit Court of Perry, Tried before the Horn John D. Phelan. This was an action of assumpsit, by the defendant against the plaintiff in error, to recover contribution for monies paid by him, as co-surety with William H. Jones,, the plaintiff’s-intestate, of one Allen Jones.

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Error to the Circuit Court of Perry, Tried before the Horn John D. Phelan. This was an action of assumpsit, by the defendant against the plaintiff in error, to recover contribution for monies paid by him, as co-surety with William H. Jones,, the plaintiff’s-intestate, of one Allen Jones. A bill of exceptions, found itt the record, discloses the following s,tate of facts: On the 30th October 1843, Allen Jones executed to Anthony P. Walke*. a deed of trust on two parcels of land and a number of slaves,, which after reciting the liability of the plaintiff below,, as his surety on certain notes,…

1Opinion of the CourtChilton, J.

We cannot perceive upon what principle the evidence rejected could be admitted. There was no attempt in the court below to impeach the bona fides of the sale to Parke Jones. The controversy seems to have been with respect to the application of the proceeds of the sale of the land, and both parties seem to have acquiesced in the sale. The proof was therefore most clearly irrelevant, and its exclusion could not possibly have been attended with any injurious consequences to the defendant. It may also futher be questioned whether one standing in the relation of co-surety to the beneficiary in the…

2Cases cited2 opinions

  1. Whetstone v. Bank at MontgomerySupreme Court of Alabama · 1846
  2. Gary v. ColginSupreme Court of Alabama · 1847

3Cited by4 opinions

  1. Davis v. HeimbachCalifornia Supreme Court · 1888
  2. McMahon v. WeesnerDistrict Court, S.D. Florida · 1966
  3. Connolly v. DolanSupreme Court of Rhode Island · 1900
  4. United States Fidelity & Guaranty Co. v. NaylorCourt of Appeals for the Eighth Circuit · 1916

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