Broughton's Adm'r v. Bradley
Supreme Court of Alabama
Appeal from the Probate Court of Lowndes. In the matter of the estate of Edward Broughton, deceased, on final settlement of the accounts and vouchers of Lawrence B. Bradley, as administrator, at the instance of R. M. "Williamson, as administrator de bonis non.
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Appeal from the Probate Court of Lowndes. In the matter of the estate of Edward Broughton, deceased, on final settlement of the accounts and vouchers of Lawrence B. Bradley, as administrator, at the instance of R. M. "Williamson, as administrator de bonis non. It appears from the bill of exceptions, that Williamson sought to charge Bradley with the unpaid balance due on a bond, or writing obligatory, in the following words : “Lowndes county, Alabama, January 13,1851. “ I, L. B. Bradley, of the State and county aforesaid, do acknowledge myself to be indebted to Edward Broughton, of Sumter…
1Opinion of the CourtStone, J.
The contract by which Edward Broughton sold, and Mr. Bradley bought, the three slaves, Nancy, Puss and Isham, was entered upon and consummated in the State of South Carolina. Until the substituted bond was executed, near four years afterwards, neither the writings nor the proof furnish the slightest intimation that the contract was to be performed anywhere else than at the place where it was entered into. The second, or substituted bond, was not the execution or making of a contract, but can only be regarded in the light of evidence of the contract. Under these circumstances, the law draws…
2Cases cited7 opinions
- De Wolf v. JohnsonSupreme Court of the United States · 1825
- Hanrick v. AndrewsSupreme Court of Alabama · 1839
- Pearson v. BaileySupreme Court of Alabama · 1853
- Evans v. KittrellSupreme Court of Alabama · 1859
- Jackson v. JonesSupreme Court of Alabama · 1848
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3Cited by2 opinions
- McGarry v. NicklinSupreme Court of Alabama · 1895
- Baker v. RussellSupreme Court of Alabama · 1867