Rather v. Young's Adm'rs
Supreme Court of Alabama
Appeal from the Cbaacery Court of Colbert. Heard before the Hon. H. C. Speake. The original bill in tbis case was filed on tbe 31st December, 1866, by John "W. Bather, against Isaac E. Young, John D. Inman, and Benjamin F. Little; and sought to enforce a vendor’s lien on a certain tract of land, ■which had been sold by the complainant, as the administrator of his deceased father, William B. Bather* under a decree of the Probate Court of said county, on the 8th day of…
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Appeal from the Cbaacery Court of Colbert. Heard before the Hon. H. C. Speake. The original bill in tbis case was filed on tbe 31st December, 1866, by John "W. Bather, against Isaac E. Young, John D. Inman, and Benjamin F. Little; and sought to enforce a vendor’s lien on a certain tract of land, ■which had been sold by the complainant, as the administrator of his deceased father, William B. Bather* under a decree of the Probate Court of said county, on the 8th day of February, 1858, and purchased at the sale by said Isaac E. Young, who after-wards sold and conveyed to said Inman and Little.…
1Opinion of the CourtBriokell, C. J.
That “ one cannot make another his debtor, without his consent,” is a mere truism; and from it result the several decisions of this court, to which we are referred, that money paid in satisfaction of the debt of another, without his request, cannot be recovered. If the debtor subsequently adopts or ratifies the payment, or, in consideration of it, makes a promise to repay, he becomes liable. The subsequent adoption or ratification relates back to the payment, and is equivalent to a prior request; and the discharge of his liability is a sufficient consideration to support a Subsequent promise.…
2Cases cited5 opinions
- Tomkies v. ReynoldsSupreme Court of Alabama · 1849
- Evans v. Billingsley's Adm'rSupreme Court of Alabama · 1858
- White v. WordSupreme Court of Alabama · 1853
- Hall v. ChenaultSupreme Court of Alabama · 1848
- Waldrop v. PearsonSupreme Court of Alabama · 1868
3Cited by15 opinions
- Lehman v. MeyerSupreme Court of Alabama · 1880
- Moon's Adm'r v. CrowderSupreme Court of Alabama · 1882
- Butts v. BroughtonSupreme Court of Alabama · 1882
- Central Agricultural & Mechanical Ass'n v. Alabama Gold Life InsuranceSupreme Court of Alabama · 1881
- Lehman Bros. v. McQueenSupreme Court of Alabama · 1880
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