Sorrelle's exr's v. Sorrelle
Supreme Court of Alabama
WitiT of Error to the County Court of Dallas; This was an .action of assumpsit, by the plaintiffs nr^3^EEngaiast’ the defendant, on three several promissory notes, for the sum of eighteen hundred dollars each, dated the 15th September, 1837, .and payable on the first day of March, 1839, ’40 and ’41, to the plaintiff’s testator. The defendant pleaded non assumpsit, payment and set-off, and several other pleas, on which the plaintiff took issue.
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WitiT of Error to the County Court of Dallas; This was an .action of assumpsit, by the plaintiffs nr^3^EEngaiast’ the defendant, on three several promissory notes, for the sum of eighteen hundred dollars each, dated the 15th September, 1837, .and payable on the first day of March, 1839, ’40 and ’41, to the plaintiff’s testator. The defendant pleaded non assumpsit, payment and set-off, and several other pleas, on which the plaintiff took issue. He also pleaded in short,« payment and satisfaction,” to which the plaintiffs demurred, and the demurrer being overruled, they joined issue; and…
1Opinion of the CourtCollier, C. J.
It is scarcely necessary to inquire whether the defendant could insist upon the provision made for him in the will of his father as a set-off to the action, and pro tanto *247defeat a recovery. We however, consider it perfectly clear, that such a defence is not allowable.
1st. Because his share of his father’s estate was not a debt or demand duo in praesenti, for the recovery of which an action could be maintained, it not being assented to by the plaintiffs, or the time arrived when by the statute it was demandable.
2d. Because it would disturb the legal course of administration, and possibly,…
2Cases cited3 opinions
- Williams v. CraryNew York Supreme Court · 1830
- Clarke v. BogardusNew York Supreme Court · 1834
- Williams v. CraryNew York Supreme Court · 1826
3Cited by3 opinions
- Brunn v. SohuettWisconsin Supreme Court · 1884
- Sorrell v. CraigSupreme Court of Alabama · 1845
- Howze v. DavisSupreme Court of Alabama · 1884