Read v. Rowan
Supreme Court of Alabama
Appeal from the Chancery Court of Calhoun. Heard before the Hon. S. K. MoSpadden. Bill in chancery by P. Rowan against Quitman Read, and wife to foreclose a deed of trust executed by them to I. L. Swan, as trustee, and by him assigned and transferred to complainant.
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Appeal from the Chancery Court of Calhoun. Heard before the Hon. S. K. MoSpadden. Bill in chancery by P. Rowan against Quitman Read, and wife to foreclose a deed of trust executed by them to I. L. Swan, as trustee, and by him assigned and transferred to complainant. It was alleged in the bill that Quitman Read and wife, on July 10, 1890, executed their notes to Rowan, Dean & Co., a firm composed of W. H. Dean and Walter Dean, evidencing an indebtedness of $3,000, and to secure the payment of said notes, Quitman Read and wife executed a deed of trust to I. L. Swan, trustee, conveying certain…
1Opinion of the CourtHaralson, J.
1. As appears from the bill, I. L. Swan, the party named as trustee in the deed in this case, was dead at the time the bill was filed. It was unnecessary to make his personal representative or heirs parties defendant to the bill. Upon his death, the trust estate did not descend to his heirs, or pass to his legal representative. — Code, § 1848; McDouyald v. Carey, 38 Ala. 320 ; Sprague v. Tyson, 44 Ala. 341.
2. It is the well settled rule, that a promise, verbal or written, to pay the debt of another, if not founded on a precedent liability, or a new consideration, will not support an action;…
2Cases cited9 opinions
- Grider v. American Freehold Land Mortgage Co.Supreme Court of Alabama · 1892
- Rutledge's Adm'r v. Townsend, Crane & Co.Supreme Court of Alabama · 1863
- Dunbar v. SmithSupreme Court of Alabama · 1880
- Giddens v. BollingSupreme Court of Alabama · 1892
- Sprague v. TysonSupreme Court of Alabama · 1870
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Lecroix v. MaloneSupreme Court of Alabama · 1908
- Silverstein v. First Nat. Bank of BirminghamSupreme Court of Alabama · 1936
- Carter v. OdomSupreme Court of Alabama · 1898
- Dillworth v. Holmes Furn. & Vehicle Co.Alabama Court of Appeals · 1916
- Booth v. Dexter Steam Fire Engine Co.Supreme Court of Alabama · 1897
3 more not listed; retrieve them via the Exa API.