Ragland v. Milam
Supreme Court of Alabama
Writ of Error to the Orphans’ Court of Talladega. Ragland was appointed by the court, in the first instance, as administrator of J. W. Milam, deceased, but afterwards resigned, whereupon J. J. Milam was appointed administrator de bonis non.
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Writ of Error to the Orphans’ Court of Talladega. Ragland was appointed by the court, in the first instance, as administrator of J. W. Milam, deceased, but afterwards resigned, whereupon J. J. Milam was appointed administrator de bonis non. In the settlement of Ragland’s administration he claimed to retain a sum of money paid under these circumstances, to .wit: Some six or 'seven years previous to the settlement, one William King, (since dead,) came to Rag-land and desired him to go surety on a note to be made payable to the Branch Bank at Huntsville. At the time of this request King had no…
1Opinion of the CourtGoldthwaite, J.
The previous decisions of this court háve established the principle, that parties to notes, &c, as between themselves, are permitted to show that different relations exist than is disclosed by the paper itself. [Sherrod v. Rhodes, 6 Ala. Rep. 683; Pollard v. Stanton, Ib. 461.] And the only question here is, whether the facts disclosed constitute, the relation of joint sureties, between Milam and Ragland. From the face of the paper, it is evident the primp, facie intendment is, that the former was the principal in the note, but it is equally so from the extrinsic facts, that it was made solely…
2Cases cited2 opinions
- Sherrod v. RhodesSupreme Court of Alabama · 1843
- Bissell v. HillsNew York Supreme Court · 1829
3Cited by1 opinion
- Milam v. RaglandSupreme Court of Alabama · 1854