Clealand v. Huey
Supreme Court of Alabama
Error to the Circuit Court of Talladega. Tried before the Hon. John J. Woodward. This was an action of assumpsit, brought by the plaintiff in error against David Walker, the testator of the defendant in error, in his life-time, on a promissory note, alleged to have been executed by the deceased, but which was signed in the name of David S. Walker. The note was- made payable- to Nichols, Poor & Hall, and by them assigned to the plaintiff.
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Error to the Circuit Court of Talladega. Tried before the Hon. John J. Woodward. This was an action of assumpsit, brought by the plaintiff in error against David Walker, the testator of the defendant in error, in his life-time, on a promissory note, alleged to have been executed by the deceased, but which was signed in the name of David S. Walker. The note was- made payable- to Nichols, Poor & Hall, and by them assigned to the plaintiff. Poor* one of the payees of the note, was introduced as a witness, and testified that David S. Walker, the grandson of David Walker, the defendant, applied to…
1Opinion of the CourtBargan, C. J.
It cannot be doubled, but that Barclay was a competent witness. Five dollars only was bequeathed to him by the will of David Walker, and the administrators, with the view to render him competent, paid him this legacy in open court. This payment removed the objection of interest. A legatee, who has been paid by the executor, may be called as a witness by him, for his interest is then considered too remote and contingent to render him incompetent. — Greenl. Ev. § 408; Hall v. Alexander, 9 Ala. 219; Clarke v. Gannnon, Ry. & M. 31.
2. Hale was also entitled to a legacy of five dollars, which was…
2Cases cited6 opinions
- Abney v. Kingsland & Co.Supreme Court of Alabama · 1846
- McBride v. ThompsonSupreme Court of Alabama · 1845
- Thompson v. MawhinneySupreme Court of Alabama · 1850
- Gildersleeve v. CarawaySupreme Court of Alabama · 1846
- Jackson ex dem. Bates v. LawsonNew York Supreme Court · 1818
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Humes v. O'Bryan & WashingtonSupreme Court of Alabama · 1883
- Louisville N. R. Co. v. ScottSupreme Court of Alabama · 1935
- Smith v. KeyserSupreme Court of Alabama · 1896
- Patton v. PittsSupreme Court of Alabama · 1885
- Coulson v. ScottSupreme Court of Alabama · 1910
7 more not listed; retrieve them via the Exa API.