Chapman v. Abrahams
Supreme Court of Alabama
Appeals from Chancery Court of Marengo. The record does not show who presided on the hearing. These are cross appeals from a decree of the chancellor upon the demurrers to a bill filed by Mrs. Annie Abrahams, against Samuel E. Chapman, J. J. McCorkle, as administrator of Martha, the deceased wife of said Samuel, R. H. Lock-hart, and the heirs of said Martha.
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Appeals from Chancery Court of Marengo. The record does not show who presided on the hearing. These are cross appeals from a decree of the chancellor upon the demurrers to a bill filed by Mrs. Annie Abrahams, against Samuel E. Chapman, J. J. McCorkle, as administrator of Martha, the deceased wife of said Samuel, R. H. Lock-hart, and the heirs of said Martha. The original bill was amended, in certain particulars, which need not be specially noticed, and alleged in substance the following state of facts : On the 13th day of November, 1869, said Martha, the wife of Samuel Chapman, with the…
1Opinion of the CourtStone, J.
The strongest view of the bill which can be taken — the one most favorable to appellant — is that Lock-hart paid the money to Clark for, and at the request of Mrs. Chapman. This extinguished the debt which Mr. and Mrs. Chapman owed, and created a new debt, or legal liability to Lockhart. It was no transfer of the original demand to Lockhart. If such had been its effect, then any defense which Chapman and wife might have against Clark, could have been successfully urged against Lockhart. Paying the debt at request, Lockhart became a new creditor on a new consideration, and could not be…
2Cases cited15 opinions
- Preston & Stetson v. McMillanSupreme Court of Alabama · 1877
- Foster v. Trustees of the AthenæumSupreme Court of Alabama · 1842
- Tilford v. Torrey & LockwoodSupreme Court of Alabama · 1875
- Conner v. BanksSupreme Court of Alabama · 1850
- Short v. BattleSupreme Court of Alabama · 1875
10 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- Chambers v. RingstaffSupreme Court of Alabama · 1881
- Dunklin v. WilsonSupreme Court of Alabama · 1879
- Porter v. HendersonSupreme Court of Alabama · 1919
- Trauner v. LowreySupreme Court of Alabama · 1979
- Wadkins v. WatsonTexas Supreme Court · 1893
48 more not listed; retrieve them via the Exa API.