Davis v. Anderson

The contention of appellants that the cross-bill does not show that the contract is void is probably well sustained. Its effect, if valid, was to release and cancel the notes first executed, and fix the debt at a smaller sum, evidexxced by notes maturing earlier than those formerly executed. Such a release comes within the words of sections 5643 and 7669 of the Code. The former makes such a contract, in writing, valid, with or without a xxew consideration. The latter makes all written releases and discharges effective according to the intention of the parties. Wright v. McCord, 205 Ala. 122,…