Allen v. Prater
Supreme Court of Alabama
Appeal from the Circuit Court of Bibb. Tried before the Hon. Nat. Cook. This action was brought by Memory Allen and Elizabeth, his wife, against John B. Prater, James Prater, and Andrew J. Prater ; and was founded on the defendants’ wbrbal promise to pay $1,000, in consideration that plaintiffs and one Susan Miller would not contest the probate of 'the will of John Prater, deceased, (who was the father of Mrs. Prater, Mrs. Miller, and the defendants,) but would allow the…
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Appeal from the Circuit Court of Bibb. Tried before the Hon. Nat. Cook. This action was brought by Memory Allen and Elizabeth, his wife, against John B. Prater, James Prater, and Andrew J. Prater ; and was founded on the defendants’ wbrbal promise to pay $1,000, in consideration that plaintiffs and one Susan Miller would not contest the probate of 'the will of John Prater, deceased, (who was the father of Mrs. Prater, Mrs. Miller, and the defendants,) but would allow the same to he admitted to probate without objection. No pleas are shown by the record. The ease was before this court, on a…
1Opinion of the Court
R. W. WALKER, J,
1. Admitting all the facts which the evidence offered by the plaintiffs tended to establish, there was no suit pending when the promise sued on was made. True, the defendants had propounded the will for probate, notices had been served upon the plaintiffs, and they had employed counsel to contest the will; but they had not, in the only mode authorized by law, made themselves parties to the proceeding, and could not have been held responsible for the costs. Unless they came forward, and became parties in the manner provided bylaw, the proceeding was simply in rent, and not a…
2Cases cited2 opinions
- Blakey's Heirs v. Blakey'sSupreme Court of Alabama · 1859
- Prater v. MillerSupreme Court of Alabama · 1854
3Cited by11 opinions
- Kumpe v. CoonsSupreme Court of Alabama · 1879
- Smyley v. ReeseSupreme Court of Alabama · 1875
- Burleson v. MaysSupreme Court of Alabama · 1914
- Knox v. PaullSupreme Court of Alabama · 1891
- Nicholson v. NearyWashington Supreme Court · 1914
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