Sheats v. Scott
Supreme Court of Alabama
Appeal from the 'Chancery Court of Morgan. Heard before the Hon. William H. Simpson. The bill in this case was filed by the appellant, Charles C. Sheats, against H. B. Scott.
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Appeal from the 'Chancery Court of Morgan. Heard before the Hon. William H. Simpson. The bill in this case was filed by the appellant, Charles C. Sheats, against H. B. Scott. It was averred in the hill that at the April term, 1896, of the United States Court, a judgment was rendered against the complainant and the defendant and others, as sureties on the official bond of one Olmstead, as postmaster at New Decatur, in favor of the United States for $3,362.31; that on April 25, 1898, the complainant executed a note to- the defendant for $250, and secured the same by a mortgage upon certain real…
1Opinion of the CourtSharpe, J.
From the pleadings and evidence it appears that the consideration upon which the note and mortgage in question were given, was an agreement on defendant’s part to pay for complainant one-half of a total of $500 in case an offer of that sum was accepted in compromise of a judgment held by the government against them' and others as sureties on a postmaster’s bond. Defendant offered the. $500 by placing it in bank at the disposal of the government, but the offer *646was declined and the money returned to Mm. Some months later he made a similar offer and deposit of $500 and of $62 additional to cover…
2Cases cited3 opinions
- Pollard v. CockeSupreme Court of Alabama · 1851
- Bernheim & Co. v. HortonSupreme Court of Alabama · 1893
- Lang v. WilkinsonSupreme Court of Alabama · 1876
3Cited by2 opinions
- Beiseker v. SvendsgaardNorth Dakota Supreme Court · 1914
- Steverson v. Agee & Co.Alabama Court of Appeals · 1913