Crawford v. Childress' Executors
Supreme Court of Alabama
This case comes here by writ of error from the Chancery Court holden at Tuscaloosa. The plaintiffs in error were complainants below. In their bill they allege that the defendants testator executed and delivered to Martin Phifer of Cabarrus county, North Carolina, a writing obligatory to the effect following: “Twelve months after date, I promise to pay unto Martin Phifer or order, the sum of one thousand dollars with interest from the date, for value received by me.
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This case comes here by writ of error from the Chancery Court holden at Tuscaloosa. The plaintiffs in error were complainants below. In their bill they allege that the defendants testator executed and delivered to Martin Phifer of Cabarrus county, North Carolina, a writing obligatory to the effect following: “Twelve months after date, I promise to pay unto Martin Phifer or order, the sum of one thousand dollars with interest from the date, for value received by me. Witness my hand and seal, November 1st, 1817. JAMES CHILDRESS, [seal.] Test; J. Phifer, Thos. B. Childress.” That in the latter…
1Opinion of the CourtCollier, C. J.
— It is insisted for ihe defendants in error, that equity cannot entertain the case stated in the plaintiffs bill; because, 1. Mary Childress having been a joint proprietor with the plaintiffs (since she qualified as executrix) of the bond sought to be recovered, could not by an assignment of her interest, revive the remedy against herself and co-defendants. 2. There is an adequate remedy at law for the recovery of lost bonds, &c.
To sustain the first objection, the defendants have cited the cases of Tindal v. Bright, (Minor’s Reps. 103,) and Ramsey v. Johnson, (Minor’s Reps. 418.) In the…
2Cases cited4 opinions
- McCluny v. SillimanSupreme Court of the United States · 1830
- Wetzell v. BussardSupreme Court of the United States · 1826
- Jones v. MooreSupreme Court of Pennsylvania · 1813
- Marshall v. DalliberSupreme Court of Connecticut · 1825
3Cited by9 opinions
- Pearson v. DarringtonSupreme Court of Alabama · 1858
- Ware v. CurrySupreme Court of Alabama · 1880
- Bank of St. Marys v. St. John, Powers & Co.Supreme Court of Alabama · 1854
- Bradford v. Spyker's Adm'rSupreme Court of Alabama · 1858
- Lynn v. Broyles Furniture Co.Alabama Court of Appeals · 1911
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