Royston v. Howie
Supreme Court of Alabama
Error to the Circuit Court of Perry. Before the Hon. John D. Phelan. This was an action brought by the defendant against the plaintiff in error, as administrator of Charles Sibley, deceased, on a note made by said Sibley, in his lifetime. The said administrator plead as a set off, a judgment of the circuit court of Dallas, in favor of his intestate, against one Brooks, and the said Howie.
Read the full summary
Error to the Circuit Court of Perry. Before the Hon. John D. Phelan. This was an action brought by the defendant against the plaintiff in error, as administrator of Charles Sibley, deceased, on a note made by said Sibley, in his lifetime. The said administrator plead as a set off, a judgment of the circuit court of Dallas, in favor of his intestate, against one Brooks, and the said Howie. From a bill of exceptions found in the record, it appears that the plaintiff in error, to sustain his said plea, introduced in evidence on the trial, a record of the said judgment, rendered on the 26th…
1Opinion of the Court
CHILTON, J..
The precise point involved in this case was decided by this court, in Bradford and Sawyer, 6 Ala. Rep. 572, where the court held the security was not discharged by an arrangement between the execution creditor and principal debtor, similar to the one here complained of. See also, Agee v. Steele, 8 Ala. Rep. 948; Armistead v. Thomas, 9 Ib. 586; Gilder v. Jeter, 11 Ib. 256, and The Bank v. Godden et al. at this term.- That the creditor, under a mistaken view of his legal rights said he had discharged the sureties by the arrangement, cannot estop him from showing the truth of the…
2Cases cited2 opinions
- Sawyer v. BradfordSupreme Court of Alabama · 1844
- Agee v. SteeleSupreme Court of Alabama · 1846
3Cited by4 opinions
- Neal v. GregorySupreme Court of Florida · 1882
- Gove v. WhiteWisconsin Supreme Court · 1866
- Summerhill v. TappSupreme Court of Alabama · 1875
- State Bank v. EdwardsSupreme Court of Alabama · 1852