Pool's v. Relfe
Supreme Court of Alabama
Appeal from the Chancery Court of Lowndes. Heard before the Hon. J. W. Lesesne. This bill was Jnlod by David H. Kenyon, as executor of Solomon Pool, deceased, against the appellees, who are alleged to be the brothers and sisters of William T. Relfe, deceased, and as such his heirs .at law. ..It alleges that said Pool became surety of said William T. Relfe on a guardian’s bond; that said Relfe afterwards made default as guardian, and a judgment was recovered on^said bond;…
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Appeal from the Chancery Court of Lowndes. Heard before the Hon. J. W. Lesesne. This bill was Jnlod by David H. Kenyon, as executor of Solomon Pool, deceased, against the appellees, who are alleged to be the brothers and sisters of William T. Relfe, deceased, and as such his heirs .at law. ..It alleges that said Pool became surety of said William T. Relfe on a guardian’s bond; that said Relfe afterwards made default as guardian, and a judgment was recovered on^said bond; against the obligors for the sum of $327 68 ; that complainant, as executor of said Pool, had been compelled to pay said…
1Opinion of the CourtPhelan, J.
The case made by the bill is admitted in effect by the answer, and the defence is rested upon the statute of limitations. To this defence the complainant replies a subsequent promise, -and relies upon the contents of a letter written by the defendant, Montgomery S. Relíe. This narrows the whole controversy down to a question as to the true import and construction of the terms of this letter.
We do not understand the appellant to controvert the correctness of the rule now generally adopted, and which this court has laid down in the recent cases of Townes & Nooe v. Fergusson, 20 Ala. 147, and…
2Cases cited1 opinion
- Townes v. FergusonSupreme Court of Alabama · 1852
3Cited by4 opinions
- Pearson v. DarringtonSupreme Court of Alabama · 1858
- McDonald v. GreyTexas Supreme Court · 1867
- Philp v. HicksMississippi Supreme Court · 1916
- Strickland's Adm'r v. WalkerSupreme Court of Alabama · 1861