Ragland v. Wynn's Adm'r
Supreme Court of Alabama
Appeal from the Circuit Court of Talladega. Tried before the Hon. Robert Dougherty. This action was brought by Iienry McClellen, as admin* istrator da bonis non of the estate of Mary Wynn, deceased, against George L. England and Reese Howell, and was commenced in a justice’s Gourt.
Read the full summary
Appeal from the Circuit Court of Talladega. Tried before the Hon. Robert Dougherty. This action was brought by Iienry McClellen, as admin* istrator da bonis non of the estate of Mary Wynn, deceased, against George L. England and Reese Howell, and was commenced in a justice’s Gourt. In the circuit court, •on appeal from the justice’s judgment, the defendants “ waived a statement in writing by the plaintiff, and the plaintiff consented that the defendants might prove everything as if specially pleaded.” -The plaintiff himself was examined as a witness under the statute, (Oode, $ 2313,) and…
1Opinion of the CourtR. W. Walker, J.
The promise of The defendants,, being founded on a new consideration, beneficial to the promisor, was an original undertaking, and not within the statute .of frauds.—Martin v. Black, 21 Ala. 309 ; Blount v. Harkins, 19 Ala. 100.
[2.,]. The bill of exceptions does not expressly state that tbe agreement.between the parties was made, and tbe *35■decree credited in pursuance of it, before the commencement of this suit. But it is shown-that these transactions occurred while Lawson was sheriff of Talladega county ; and we judicially know'that he ceased to be such sheriff in 1854, nearly.two years…
2Cases cited2 opinions
- Blount v. HawkinsSupreme Court of Alabama · 1851
- Burden v. Mayor of MobileSupreme Court of Alabama · 1852
3Cited by5 opinions
- Hodge v. JoySupreme Court of Alabama · 1921
- Ex parte HarrisSupreme Court of Alabama · 1875
- McDougald's Adm'r v. DoughertySupreme Court of Alabama · 1864
- Lehman v. LevySupreme Court of Alabama · 1881
- State ex rel. Keck v. SeibertSupreme Court of Missouri · 1895