Adams v. Adams
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. Tried before the Hon. Nat. Cook. This action (Spencer Adams and Wife v. John Adams) was commenced in March, 1853, The complaint was in these words: “ The plaintiffs claim of the defendant twenty-five thousand dollars, due from him by account of the 5th day of July, A. I). 1851, which sum of money, with interest thereon, is now due.
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Appeal from the Circuit Court of Dallas. Tried before the Hon. Nat. Cook. This action (Spencer Adams and Wife v. John Adams) was commenced in March, 1853, The complaint was in these words: “ The plaintiffs claim of the defendant twenty-five thousand dollars, due from him by account of the 5th day of July, A. I). 1851, which sum of money, with interest thereon, is now due. “And for.that whereas, heretofore, to-wit, on the 1st day of July, 1841, there was a certain matter of controversy between said defendant and one Jane Candell, relative to the will and estate of Spencer Adams, Sr., deceased,…
1Opinion of the CourtChilton, C. J.
— The second count in the complaint avers, that, in consideration of the conveyance to the defendant of all title which Jane Candell had to a certain tract of land, and the abandonment of a contemplated suit in chancery by the plaintiff in relation to said land, the defendant promised and agreed to give the plaintiff, Elizabeth Adams, who is said defendant’s daughter, “ a full share of his property, which was then and there worth twenty-five thousand dol*278lars” ; that the plaintiffs did all they promised to do, and the defendant wholly failed to perform.
The defendant did not demur to this…
2Cases cited2 opinions
- Marshall v. BetnerSupreme Court of Alabama · 1850
- Rake's Adm'r v. PopeSupreme Court of Alabama · 1844
3Cited by18 opinions
- Varney v. . DitmarsNew York Court of Appeals · 1916
- McFadden & Bro. v. HendersonSupreme Court of Alabama · 1900
- Voyager Life Ins. Co., Inc. v. WhitsonSupreme Court of Alabama · 1997
- Stahl v. StevensonSupreme Court of Kansas · 1918
- Gould v. GunnSupreme Court of Iowa · 1913
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