Cowan v. Cooper
Supreme Court of Alabama
Appeal from tbe Circuit Court of Lawrence. Tried before the Hon. John E. Moore. This action was brought by William Cowan and others, against Isabella Cooper, and was commenced on the 14th August, 1856. The complaint was as follows: “ The plaintiffs claim of the defendant five hundred dollars, due on an instrument in substance as follows,” setting out the writing copied below.
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Appeal from tbe Circuit Court of Lawrence. Tried before the Hon. John E. Moore. This action was brought by William Cowan and others, against Isabella Cooper, and was commenced on the 14th August, 1856. The complaint was as follows: “ The plaintiffs claim of the defendant five hundred dollars, due on an instrument in substance as follows,” setting out the writing copied below. “ Plaintiffs sue for said sum of money, due on said contract, which is their property; and plaintiffs say, that neither they, nor any of them, put in any plea or defense to prevent the probating of the last will and…
1Opinion of the CourtA. J. Walker, C. J.
This suit is founded upon a written promise to pay five hundred dollars, to be void if any of certain named persons should put in any plea or defense to prevent the probating of a specified will. The defendant was permitted to prove an agreement, prior to the execution of the promise, exacted as an indispensable pre-requisite thereto, that she should not be sued or disturbed in any way about certain property given te her by a specified will. This evidence, going to the consideration, was not obnoxious to the rule as to the variation of written contracts by parol evidence.—2 Parsons on…
2Cases cited6 opinions
- Prater v. MillerSupreme Court of Alabama · 1854
- Corbin v. SistrunkSupreme Court of Alabama · 1851
- Barlow v. FlemmingSupreme Court of Alabama · 1844
- Thomas v. BarkerSupreme Court of Alabama · 1861
- Honeycut v. StrotherSupreme Court of Alabama · 1841
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Copeland v. Swiss Cleaners, Inc.Supreme Court of Alabama · 1951
- Mobile & Montgomery Railway Co. v. WilkinsonSupreme Court of Alabama · 1882
- Reader v. HelmsSupreme Court of Alabama · 1876
- Copeland v. Swiss Cleaners, Inc.Supreme Court of Alabama · 1951
- Gilliland v. HawkinsSupreme Court of Alabama · 1927