Evans v. Battle
Supreme Court of Alabama
Emiob. to the' Chancery Court of Wilcox. Tried before the Hon. J. W. Lesesne. The allegations of the; bill, so far as, they,,are ..material to th.e questions of law raised in this case, may he thus stated : The complainant became the security of Harris Smith Evans upon a .note to Sanford Cooley, for $1,127 59, due at twelve months from date, and also became the joint security with said Harris Smith Evans, for one Ellison, on a note of $2,000. The complainant has been…
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Emiob. to the' Chancery Court of Wilcox. Tried before the Hon. J. W. Lesesne. The allegations of the; bill, so far as, they,,are ..material to th.e questions of law raised in this case, may he thus stated : The complainant became the security of Harris Smith Evans upon a .note to Sanford Cooley, for $1,127 59, due at twelve months from date, and also became the joint security with said Harris Smith Evans, for one Ellison, on a note of $2,000. The complainant has been .compelled ,.to pay the note to Cooley, and said Ellison being insolvent, he has'1 compromised that debt, paying some $700 to…
1Opinion of the Court
DARGÁN, C.- J.
The complainant has wholly failed to-prove that Thomas Evans, the father, ever executed a deed of gift for the lands in controversy, -of any instrument in writing.evincing a gift from him to his son, Harris Smith Evans. This-defect of' proof: would- probably be fatal to the bill- independerá.) *402of all; other objections; for however clear the proof .may be, -to show that the complainant is entitled to equitable relief, yet, 'if his allegations do not correspond with his evidence, no decree can be rendered for him. Proof alone will not entitle a party to relief, but it requires…
2Cases cited2 opinions
- Forward v. ArmsteadSupreme Court of Alabama · 1847
- Clements v. KelloggSupreme Court of Alabama · 1840
3Cited by7 opinions
- Griffin v. GriffinSupreme Court of Alabama · 1921
- Lewis v. Montgomery Mutual Building & Loan Ass'nSupreme Court of Alabama · 1881
- Tolleson v. BlackstockSupreme Court of Alabama · 1891
- Burton v. Le RoyU.S. Circuit Court for the District of California · 1879
- Cox v. CoxSupreme Court of Alabama · 1877
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