Ellington v. Charleston
Supreme Court of Alabama
Appeal from the Circuit Court of Lowndes. Tried before tbe Hon. James Q. Smith. This action was brought by Mary Charleston against Jesse Ellington, to recover a horse, which was in the defendant’s possession at the commencement of the suit, and which he claimed under an instrument of writing executed by the plaintiff, of which the following is a copy: — “ State of Alabama, Lowndes county.
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Appeal from the Circuit Court of Lowndes. Tried before tbe Hon. James Q. Smith. This action was brought by Mary Charleston against Jesse Ellington, to recover a horse, which was in the defendant’s possession at the commencement of the suit, and which he claimed under an instrument of writing executed by the plaintiff, of which the following is a copy: — “ State of Alabama, Lowndes county. Contract entered into this day, between Jesse Ellington and Mary Charleston and three sons, Henry, Eliza, and Barney : We do hereby covenant and agree, that the said Jesse Ellington, in the first part,…
1Opinion of the CourtBrickell, J.
In the construction of written instruments, the intention of the parties must govern ; and to ascertain that intention, regard must be had to the nature of the instrument itself, the condition of the parties executing it, and the objects which they had in view. Strong v. Gregory, 19 Ala. 147; Bryant v. Bryant, 35 Ala. 315. When the written contract between appellant and appellee, given in evidence, was entered into, the relation of debtor and creditor existed between them. The appellee was indebted to the appellant, for a balance for rent of land and advances during the year 1872, which was…
2Cases cited2 opinions
- Doe ex dem Duval's heirs v. McLoskeySupreme Court of Alabama · 1840
- Bryant v. BryantSupreme Court of Alabama · 1859
3Cited by22 opinions
- Smith v. SmithSupreme Court of Alabama · 1907
- Jackson, Morris & Co. v. RutherfordSupreme Court of Alabama · 1882
- Merrill v. ResslerSupreme Court of Minnesota · 1887
- Lewis v. DavisSupreme Court of Alabama · 1916
- Elmore v. Simon & Bro.Supreme Court of Alabama · 1880
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