Tait v. Frow
Supreme Court of Alabama
Writ of Error to the Circuit Court of Dallas. This was an action of debt, at the suit of the plaintiff in error against defendant, on a bond dated the 29th March, 1842, in the penal sum of seven thousand seven hundred and twenty-six dollars, executed by Elias Parkmnn as principal, and the defendant, together with Philip J. Weaver as his sureties, and payable to Caleb Tait, for the use of Edward W. Marks; conditioned, that Parkman, a prisoner in the jail' of Dallas county, at…
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Writ of Error to the Circuit Court of Dallas. This was an action of debt, at the suit of the plaintiff in error against defendant, on a bond dated the 29th March, 1842, in the penal sum of seven thousand seven hundred and twenty-six dollars, executed by Elias Parkmnn as principal, and the defendant, together with Philip J. Weaver as his sureties, and payable to Caleb Tait, for the use of Edward W. Marks; conditioned, that Parkman, a prisoner in the jail' of Dallas county, at the suit of Caleb Tait, use of E. W. Marks, should continue a true prisoner within the limits of the prison bounds, &c.…
1Opinion of the CourtCollier, C. J.
It is a rule of very extensive application, that where one admits a fact or deed, either by reciting it in an instrument executed by him, or by acting under it, he shall not be received to deny its existence. But when the truth appears from the same deed or record, which would otherwise work the es-toppel, then the adverse party shall not be estopped to take advantage of the truth. The obligors in' the bond declared on do not admit that Tait, the nominal plaintiff in the execution, was living; the recital which precedes the statutory condition merely states the fact, that Parkman, the…
2Cases cited1 opinion
- Jenks v. EdwardsSupreme Court of Alabama · 1844
3Cited by5 opinions
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- Elyton Land Co. v. South & North Ala. RailroadSupreme Court of Alabama · 1891
- Baker, Fry & Co. v. IngersollSupreme Court of Alabama · 1861
- Abrams v. CIBA SPECIALTY CHEMICALS CORP.District Court, S.D. Alabama · 2009
- Nowery v. United StatesDistrict Court, E.D. Pennsylvania · 1952