Atwood's Adm'r v. Wright
Supreme Court of Alabama
Appeal from the Circuit Court of Wilcox. Tried before the Hon. Nat. Cook. This action was brought by- F. K. Beclc, as administrator of Henry S. Atwood, deceased, and was founded on the defendants’ promissory-note for $575. The defendants pleaded, 1st, “ that they do not owe the debt or demand for the recovery of which this suit is brought”; and, 2d, “ that said note was given for . the purchase money of a slave, named Mary Ann, sold by the plaintiff and his co-administrator,…
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Appeal from the Circuit Court of Wilcox. Tried before the Hon. Nat. Cook. This action was brought by- F. K. Beclc, as administrator of Henry S. Atwood, deceased, and was founded on the defendants’ promissory-note for $575. The defendants pleaded, 1st, “ that they do not owe the debt or demand for the recovery of which this suit is brought”; and, 2d, “ that said note was given for . the purchase money of a slave, named Mary Ann, sold by the plaintiff and his co-administrator, C. C. Sellers, deceased, at the sale of the property' of plaintiff’s intestate, to the defendant Virgil W. Wright;…
1Opinion of the CourtEice, C. J.
The first question is, whether a surety not *350sued is a competent witness for his principal, in a suit against the latter-founded on a promissory note executed by them in this State.
It may be conceded that, according to the civil law, he would be incompetent; for, by that law. the obligation of the surety being dependent upon that of the principal, the surety was regarded as the same party with the principal, with respect to whatever was decided for or against him, and was allowed to oppose all the exceptions in rem which could be opposed by the principal, and to “appeal against the judgment,…
2Cases cited3 opinions
- Douglass v. HowlandNew York Supreme Court · 1840
- Munroe v. PritchettSupreme Court of Alabama · 1849
- Lovett v. AdamsNew York Supreme Court · 1829
3Cited by31 opinions
- Blakey's Heirs v. Blakey'sSupreme Court of Alabama · 1859
- Capital Security Co. v. OwenSupreme Court of Alabama · 1916
- Kelly's Heirs v. AllenSupreme Court of Alabama · 1859
- Harris v. Plant & Co.Supreme Court of Alabama · 1858
- Einstein, Hirsch & Co. v. MarshallSupreme Court of Alabama · 1877
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