Legal Opinion

Herndon v. Givens' Adm'r

Supreme Court of Alabama

Decided June 15, 1851PublishedCited by 4 opinions

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…

2Cases cited3 opinions

  1. Shippey v. HendersonNew York Supreme Court · 1817
  2. Hall v. AlexanderSupreme Court of Alabama · 1846
  3. Scales v. Desha, Sheppard & Co.Supreme Court of Alabama · 1849

3Cited by4 opinions

  1. Thompson v. LeaSupreme Court of Alabama · 1856
  2. Montgomery & Wetumpka Plank-Road Co. v. WebbSupreme Court of Alabama · 1855
  3. International Harvester Co. of America v. HaasIndiana Court of Appeals · 1928
  4. Coate v. Coate's Adm'rSupreme Court of Alabama · 1861

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