Noble v. Gilliam
Supreme Court of Alabama
appeal from tbe Chancery Court of Lamar. Heard before the Hon. William H. Simpson. ' The hill in this case was filed by B. L. Gilliam, against B. D. Noble, and his wife, B. E. Noble, alleging that B. D. Noble, on the 7th day of November, 1896, became indebted to complainant in the sum of eighty-three and 65-100 dollars, due on the 25th of December of that year, by promissory note executed by said Noble for that sum.
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appeal from tbe Chancery Court of Lamar. Heard before the Hon. William H. Simpson. ' The hill in this case was filed by B. L. Gilliam, against B. D. Noble, and his wife, B. E. Noble, alleging that B. D. Noble, on the 7th day of November, 1896, became indebted to complainant in the sum of eighty-three and 65-100 dollars, due on the 25th of December of that year, by promissory note executed by said Noble for that sum. The note is attached as an exhibit to the bill and purports to be payable one day after.date. In the note all exemptions were waived, and it contained an agreement, that the maker…
1Opinion of the CourtHaralson, J.
1. The burden was on the defendants, not simply to deny the negative averment, that there was no consideration, — as averred in the bill, — but to state the affirmative fact that there was such consideration, in what it consisted, when and how i.t was paid, The controversy being between creditors and the wife, there is a presumption against her, which she must overcome by proof, and she cannot avail herself of any matter of defense which is not stated in her answer, even though it should appear in evidence. — Robinson v. Moseley, 93 Ala. 70; Gamble v. Aultman, 125 Ala. 373; Wimberly v.…
2Cases cited11 opinions
- Robinson v. MoseleySupreme Court of Alabama · 1890
- Gresham v. WareSupreme Court of Alabama · 1885
- Vaughan v. SmithSupreme Court of Alabama · 1881
- McGhee v. Importers & Traders National BankSupreme Court of Alabama · 1890
- Tatum v. YahnSupreme Court of Alabama · 1900
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Willow Lake Resi. Asso. v. Juliano, 2081099 (ala.civ.app. 8-27-2010)Court of Civil Appeals of Alabama · 2010
- Davis v. HarrisSupreme Court of Alabama · 1924
- Umphrey v. BarfieldSupreme Court of Alabama · 1939
- Sulzby v. PalmerSupreme Court of Alabama · 1916
- Burch v. DriverSupreme Court of Alabama · 1921
5 more not listed; retrieve them via the Exa API.