Nelson v. Lovejoy
Supreme Court of Alabama
Error to the Circuit Court of Talladega. Before the Hon. G. W. Stone. “ Mayberry Lovejoy sued Robert Nelson, before a justice of the peace, on a note for $27 44. Judgment was rendered by the justice in favor of the plaintiff, and Nelson removed the cause by certiorari to the circuit court.
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Error to the Circuit Court of Talladega. Before the Hon. G. W. Stone. “ Mayberry Lovejoy sued Robert Nelson, before a justice of the peace, on a note for $27 44. Judgment was rendered by the justice in favor of the plaintiff, and Nelson removed the cause by certiorari to the circuit court. On the trial, it appeared in evidence, that Nelson, the plaintiff in error, had money in his hands belonging to one Harrison B. Young, at the time of his death, and letters of administration were about to be granted on the estate of the deceased, to the said Mayberry Lovejoy, and it was agreed that Nelson…
1Opinion of the CourtDargan, J.
We do not think the evidence showed an entire failure of consideration. The plaintiff in error was to call on the defendant after letters of administration on the estate of Young was granted to him, and the defendant was to execute a receipt to him as .administrator. But it does not appear that the plaintiff ever requested the defendant, after the grant of letters to him, to execute the receipt as administrator, .or that the defendant ever declined doing it, or as administrator ever demanded of the plaintiff the debt due the estate, in-.any =other manner than to demand payment of the note.…
2Cases cited1 opinion
- Harbin v. LeviSupreme Court of Alabama · 1844
3Cited by3 opinions
- Brown v. CopelandSupreme Court of Alabama · 1921
- Guttery v. KilgoreSupreme Court of Alabama · 1937
- Porter v. PorterSupreme Court of Alabama · 1942