Kennedy's Heirs v. Kennedy's Heirs
Supreme Court of Alabama
Joseph S. Kennedy, Jesse Carter and Mary L. (late Mary L. Kennedy) his wife, and Martha Kennedy and Delphine Kennedy, infants under the age of twenty-one years, by Joseph S. Kennedy, their brother and next friend, children and sole heirs of Wm. E. Kennedy, deceased, filed their bill in the Chancery Court, holden at Mobile, on the 22nd April, 1839. The complainants state that Wm.
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Joseph S. Kennedy, Jesse Carter and Mary L. (late Mary L. Kennedy) his wife, and Martha Kennedy and Delphine Kennedy, infants under the age of twenty-one years, by Joseph S. Kennedy, their brother and next friend, children and sole heirs of Wm. E. Kennedy, deceased, filed their bill in the Chancery Court, holden at Mobile, on the 22nd April, 1839. The complainants state that Wm. E. Kennedy for many years previous to his death, was a free drinker, gradually becoming more intemperate and subject to intoxication; and when intoxicated, or partially so, and particularly towards the close of his…
1Opinion of the CourtCollier, C. J.
— In the examination of this cause, we are to inquire, First: does the law arising upon the bill, answer, 'and the demurer embraced by the latter, entitle the complainants to the relief they seek. Second: has the case of the complainants been made out by proof?
■ First: Where parties have entered into a contract in writing, in the absence of fraud, the law intends, that the writing contains the entire agreement, and consequently, will exclude all parol evidence tending to show, that there were other terms not embraced. [Paysant v. Ware, Barringer, et al., 1 Ala. Rep. N. S. 160.] If, therefore,…
2Cases cited14 opinions
- Souverbye v. ArdenNew York Court of Chancery · 1814
- Boyd v. M'LeanNew York Court of Chancery · 1815
- Law v. MerrillsCourt for the Trial of Impeachments and Correction of Errors · 1830
- Steere v. SteereNew York Court of Chancery · 1820
- Whelan v. WhelanNew York Supreme Court · 1824
9 more not listed; retrieve them via the Exa API.
3Cited by78 opinions
- Patton v. BeecherSupreme Court of Alabama · 1878
- Smith v. SchulteSupreme Court of Alabama · 1995
- Troll v. CarterWest Virginia Supreme Court · 1879
- Gilbreath Ex Rel. Watson v. WallaceSupreme Court of Alabama · 1974
- Galloway Coal Co. v. StanfordSupreme Court of Alabama · 1926
73 more not listed; retrieve them via the Exa API.