Pinkston v. Huie
Supreme Court of Alabama
Writ of Error to the Circuit Court of Montgomery. Debt, by Huie against Pinkston, as the administrator of Wm. Gause, on a bond, in the penal sum of $6000, executed in the year 1839, by one John Clisby, as principal, with Wm, and B. J. Gauze as sureties.
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Writ of Error to the Circuit Court of Montgomery. Debt, by Huie against Pinkston, as the administrator of Wm. Gause, on a bond, in the penal sum of $6000, executed in the year 1839, by one John Clisby, as principal, with Wm, and B. J. Gauze as sureties. The declaration has three counts — one on the bond — another stating'that it was conditioned to be void, if Clisby, and Emily, his wife, in a convenient time after she camo of age, should execute and deliver to Huie, titles to certain lands, the property of the said Elilily, which the said Clisby had sold and conveyed to Huie, at the date of…
1Opinion of the CourtGoldthwaite, J.
1. It is insisted, the plaintiff is not entitled to recover on the case made by the pleadings, because the effect of the bond, to which the defendant is the surety, is to bind the husband to procure the conveyance only, of Mrs. Clisby’s dower estate in the land described; and King v. Mosely, 5 Ala. Rep. 610, is cited as warranting this position. In that case, the husband and wife were the joint obligors,' and the court construed the condition to refer only to the relinquishment by the wife of her dower -estate ; but here there is no room for construction, as it is recited in the condition of…
2Cases cited5 opinions
- Shannon v. ComstockNew York Supreme Court · 1839
- Shepherd v. HamptonSupreme Court of the United States · 1818
- Tanner v. LivingstonNew York Supreme Court · 1834
- King v. MoselySupreme Court of Alabama · 1843
- Letcher v. WoodsonU.S. Circuit Court for the District of Virginia · 1811
3Cited by20 opinions
- Fretwell v. McLemoreSupreme Court of Alabama · 1875
- Hammond v. HanninMichigan Supreme Court · 1870
- McDowell v. JonesSupreme Court of Alabama · 1877
- Moore v. StephensSupreme Court of Alabama · 1956
- Clark v. ZeiglerSupreme Court of Alabama · 1885
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