Bradford v. Barclay
Supreme Court of Alabama
Appeal from the Circuit Court of Coosa. Tried before tbe Hon. PosteR King. This action was brought by Hugh G. Barclay and Margaret A. Barclay, his wife, against Joseph H. Bradford; was founded on the defendant’s promissory note for $326 68, dated August 18, 1842, and payable to the plaintiffs, as the administrator and administratrix of the estate of George P. Brown, deceased; and was commenced on the 7th September, 1852. The defendant pleaded, in short by consent, the…
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Appeal from the Circuit Court of Coosa. Tried before tbe Hon. PosteR King. This action was brought by Hugh G. Barclay and Margaret A. Barclay, his wife, against Joseph H. Bradford; was founded on the defendant’s promissory note for $326 68, dated August 18, 1842, and payable to the plaintiffs, as the administrator and administratrix of the estate of George P. Brown, deceased; and was commenced on the 7th September, 1852. The defendant pleaded, in short by consent, the general issue, payment, set-off, and the statute of limitations of six years; to which the plaintiffs filed a general…
1Opinion of the CourtR. W. Walker, J.
[1.] There was evidence tending *36to show, that the defendant and Brown (the plaintiffs’ intestate) were equally interested in the judgment in favor of Patterson v. Sawyer, and that the money on this judgment had been collected by the plaintiff, H. G. Barclay. The defendant’s claim on account of the money thus received was relied on as a set-off in the suit; and the court charged the jury that, if the money was received by Barclay more than three years before the commencement of this suit, defendant’s claim on account of it would be barred by the statute of limitations. In this the court erred.…
2Cases cited14 opinions
- Maury's Adm'r v. Mason's Adm'rSupreme Court of Alabama · 1838
- Powell v. StateSupreme Court of Alabama · 1851
- Scarborough v. ReynoldsSupreme Court of Alabama · 1847
- McClung's Ex'rs v. SpotswoodSupreme Court of Alabama · 1851
- McDonnell v. Branch Bank at MontgomerySupreme Court of Alabama · 1852
9 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Carter v. ChambersSupreme Court of Alabama · 1885
- Adler v. MillerSupreme Court of Alabama · 1928
- Mutual Building & Loan Ass'n v. WatsonSupreme Court of Alabama · 1933
- Reynolds v. CollinsSupreme Court of Alabama · 1884
- Galbreath v. ColeSupreme Court of Alabama · 1878
1 more not listed; retrieve them via the Exa API.