Mead v. Hughes's Administrator
Supreme Court of Alabama
Errror to the County Court of Jackson. Before the Hon. James M. Green, Judge. This was an action of covenant, &c. instituted by Samuel Hughes, in his lifetime, and after his death revived in the name of his administrator, against Samuel Mead, on an instrument of which the following is a copy: “$270. On or before the first day of January next, I promise to pay Sinthia Hickman, or William Hickman, the just and full sum of two hundred and seventy dollars of common currency of…
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Errror to the County Court of Jackson. Before the Hon. James M. Green, Judge. This was an action of covenant, &c. instituted by Samuel Hughes, in his lifetime, and after his death revived in the name of his administrator, against Samuel Mead, on an instrument of which the following is a copy: “$270. On or before the first day of January next, I promise to pay Sinthia Hickman, or William Hickman, the just and full sum of two hundred and seventy dollars of common currency of this state. Witness my hand and seal, this 8th January, 1842. Samuel Mead, [seal.]” This instrument had been assigned to…
1Opinion of the CourtChilton, J.
We need hardly institute an inquiry as to the sufficiency of the second plea, to which a demurrer was' sustained. It merely avers that the instrument sued on was executed in consideration of the sale to the plaintiff in error of the interest which Sinthia and George Brittain had in the estate of one Turner, deceased, who was the father of said Sinthia. It does not show that the consideration thus set out was illegal, had failed, or was wanting in any respect so as to render it insufficient to support the contract. It is no answer to the declaration, and consequently interposes no bar to a…
2Cases cited2 opinions
- Gregory v. PaulMassachusetts Supreme Judicial Court · 1818
- Arthur v. BroadnaxSupreme Court of Alabama · 1842
3Cited by7 opinions
- Garland v. GarlandMississippi Supreme Court · 1874
- Bienville Water Supply Co. v. City of MobileSupreme Court of Alabama · 1899
- Young v. Pollak & Co.Supreme Court of Alabama · 1888
- McAnally v. Alabama Insane HospitalSupreme Court of Alabama · 1895
- Chambers v. Talladega Real Estate & Loan Ass'nSupreme Court of Alabama · 1899
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