Herndon v. Givens' Adm'r
Supreme Court of Alabama
EitRos. to the Circuit Court of Talladega. Tried before die Hon. E. Pickens. 1. The interest of James A. H. Givens having been first -shown alittnie, it was erroneous to allow him to prove that he had released. — Dent v. Portweod, 17 Ala. 242. 2. But a release by an heir to an administrator, of all -claim, right, title, -or interest in the estate of the intestate, does not render the heir-a competent witness for the administrator, if •the intestate died seized-of real…
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EitRos. to the Circuit Court of Talladega. Tried before die Hon. E. Pickens. 1. The interest of James A. H. Givens having been first -shown alittnie, it was erroneous to allow him to prove that he had released. — Dent v. Portweod, 17 Ala. 242. 2. But a release by an heir to an administrator, of all -claim, right, title, -or interest in the estate of the intestate, does not render the heir-a competent witness for the administrator, if •the intestate died seized-of real estate; such release does not divest the heir of his interest in the land, nor does it -exempt him from contribution for-…
1Opinion of the Court
DARGÁN, -C. J.
The declaration in this cáse 'Contains several special counts, and also the common or usual money counts. The last special count sets forth with particularity the material facts which were proved upon the -trial, to wit: the making 'oi the note by the Tidmores, payable to HerndonKelly, the endorsement thereof by Herndon to -James A. Griv.ens; the bringing of the suit in the name of Herndon & Kejly, for the use of Givens-; the rendition of judgment thereon, and the subsequent levy of an execution on the land of John T-idmore,. one of the defendants. This count also alleges that…
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