Steele v. Lowry
Supreme Court of Alabama
Writ of Error to the Court of Chancery, for the counties of Autauga and Coosa. The case made by the bill is as follows: . About the 1st of September, 1835, James P. Lowry, then re-residing in Tennessee, and when the bill was filed, in Texas, prevailed on Steele, the complainant, and one William Lowry, to execute with him a note, under seal of that date, for $4,000, payable the 1st January, 1839, with interest at the rate of 6 per cent, per annum.
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Writ of Error to the Court of Chancery, for the counties of Autauga and Coosa. The case made by the bill is as follows: . About the 1st of September, 1835, James P. Lowry, then re-residing in Tennessee, and when the bill was filed, in Texas, prevailed on Steele, the complainant, and one William Lowry, to execute with him a note, under seal of that date, for $4,000, payable the 1st January, 1839, with interest at the rate of 6 per cent, per annum. J ames P. Lo.wry was. principal, and the others Wei-e securities. This note was placed in the hands of James P. Lowry, for the purpose, and on the…
1Opinion of the CourtGoldthwaite, J.
We think the bill in this case was properly dismissed by the chancellor on the coming in of the an* swcr of McGhee, because there is no sufficient reason to entitle it to be considered in any other aspect than as a bill for discovery, in aid of the defence to the suit at law.
The complainant expressly alleges, that he is unable to prove the facts stated by him, except by the testimony ofMcGhee or the Lowrys. McGhee has shown, that his evidence will not avail the complainant, and if that of the Lowrys is competent for that purpose, no reason is shown why it can not be used in the suit at law,…
2Cases cited1 opinion
- Pitts v. CottinghamSupreme Court of Alabama · 1839
3Cited by1 opinion
- Drake v. FosterSupreme Court of Alabama · 1856