Bibb v. Reid
Supreme Court of Alabama
Error to Montgomery Circuit Court. THIS was a suit on an administration bond, commenced by the plaintiff in error, against George Whitman, as principal, and the defendants in error as his securities in the penal sum of forty thousand dollars. The writ was returned, not found, as to Whitman, and executed on the defendants in error. To a declaration in the usual form, the defendants severally pleaded.
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Error to Montgomery Circuit Court. THIS was a suit on an administration bond, commenced by the plaintiff in error, against George Whitman, as principal, and the defendants in error as his securities in the penal sum of forty thousand dollars. The writ was returned, not found, as to Whitman, and executed on the defendants in error. To a declaration in the usual form, the defendants severally pleaded. The defendant, Hoyt, after craving oyer of the bond, “says actio non,” &c. because he says, that at the time he signed said supposed' bond, it was blank as to all the names thereto signed, except…
1Opinion of the CourtOrmond, J.
The principal question in this- case arises on the demurrer to the pleas of the defendants. The defendants were sureties of one Whitman as administrator, and delivered the bond to him on the condition, that if another person signed it as co-surety, it was then to-become their deed. It is urged that the conditional- delivery could not be to the principal obli-gor, but to operate as a conditional delivery, must have been. made to a stranger.
Delivery is essential to the validity of a deed, and is a question of fact evidenced by acts and declarations at the time, or inferred from the silence of…
2Cases cited7 opinions
- Bank of United States v. DunnSupreme Court of the United States · 1832
- Pawling and Others v. The United StatesSupreme Court of the United States · 1808
- United States v. LefflerSupreme Court of the United States · 1837
- Moss v. Riddle & CoSupreme Court of the United States · 1809
- Lovett v. AdamsNew York Supreme Court · 1829
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3Cited by41 opinions
- Deardorff v. ForesmanIndiana Supreme Court · 1865
- Mullery v. Great Northern Ry. Co.Montana Supreme Court · 1915
- State ex rel. Bothrick v. PotterSupreme Court of Missouri · 1876
- Firemen's Insurance v. McMillanSupreme Court of Alabama · 1856
- Guild v. ThomasSupreme Court of Alabama · 1875
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