Fitzpatrick's Adm'r v. Harris
Supreme Court of Alabama
Writ of Error to the Orphans’ Court of Montgomery. This was a proceeding before the Orphans’ Court, for the settlement of the estate of Joseph Fitzpatrick, deceased, which had been reported insolvent by the plaintiff in error, its administrator. The defendant in error, as a creditor of that estate, preferred a claim against the same, the correctness of which, and the amount thereof, w’ere submitted to a jury for decision.
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Writ of Error to the Orphans’ Court of Montgomery. This was a proceeding before the Orphans’ Court, for the settlement of the estate of Joseph Fitzpatrick, deceased, which had been reported insolvent by the plaintiff in error, its administrator. The defendant in error, as a creditor of that estate, preferred a claim against the same, the correctness of which, and the amount thereof, w’ere submitted to a jury for decision. On the trial of the issue, the plaintiff in error excepted to the ruling of the Court. From the bill of exceptions it appears, that the creditor introduced a witness, who…
1Opinion of the CourtCollier, C. J.
Ia Saunders v. Hendrix, 5, Ala. Rep. 224, it was held, that an acknowledgement in a deed, of the amount paid as the consideration of the conveyance of land, was in legal effect a mere receipt, and as much open to explanation as if indorsed on the back of the deed. So in Mead v. Steger, 5 Porter’s Rep. 498, we determined, that where a monied consideration is expressed in a deed, it is allowable to show the consideration to have been greater or less than that stated; for the reason that it is not usual to state it with precision. The principle deducible from these cases, does not deny the…
2Cited by3 opinions
- Loventhal & Son v. MorrisSupreme Court of Alabama · 1893
- Lee v. BrowderSupreme Court of Alabama · 1874
- Loventhal & Son v. MorrisSupreme Court of Alabama · 1893