Brown v. Copeland
Supreme Court of Alabama
Appeal from Circuit Court, Marshall County ; W. W. Haralson, Judge. Action by Dora Copeland against J. G. Brown. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under section 6, Acts 1911, p. 449. The action was upon a promissory note executed by the defendant to the plaintiff, and the pleas were non est factum and want of consideration.
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Appeal from Circuit Court, Marshall County ; W. W. Haralson, Judge. Action by Dora Copeland against J. G. Brown. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under section 6, Acts 1911, p. 449. The action was upon a promissory note executed by the defendant to the plaintiff, and the pleas were non est factum and want of consideration. The evidence for the plaintiff tended to show that her husband, a physician, was dead, and that she was collecting the accounts due to him for medical services. That she. adjusted the account of defendant due for such services…
1Opinion of the CourtSomerville, J.
Upon the issue of -non est factum the evidence amply supports the finding of the court adversely to defendant, and the question for review is upon the plea of no consideration.
Appellant’s contention is that, as a matter of law, a note given to plaintiff upon the conRidoration alone of his indebtedness to her deceased husband was without any valid consideration, and will not support a recovery by her.
[1] Distributees or legatees of a decedent “have no title to the assets, and are not appointed by law to demand or receive them; all their interest is secondary, and is capable of conversion into…
2Cases cited2 opinions
- Costephens v. DeanSupreme Court of Alabama · 1881
- Nelson v. LovejoySupreme Court of Alabama · 1848
3Cited by6 opinions
- Young v. PowellCourt of Appeals for the Fifth Circuit · 1950
- Pruett v. First Nat. Bank of AnnistonSupreme Court of Alabama · 1934
- Sovereign Camp, W. O. W. v. SninderSupreme Court of Alabama · 1933
- Moore v. StephensAlabama Court of Appeals · 1944
- Guttery v. KilgoreSupreme Court of Alabama · 1937
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