Grantham v. Payne
Supreme Court of Alabama
Certiorari from Justice's Judgment. Appeal from the Circuit Court of Jackson. Tried before the Hon. H. C. Speake. This action was brought by Mrs. Callie E. Payne, the wife of Martin A. Payne, against M. M. Grantham, to recover an alleged balance of $49.80 due on a promissory note ; and was commenced before a justice of the peace, on the 6th March, 1882. The note on which the action was founded was for $350, signed by the defendant, dated February 24th, 1881, and payable to…
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Certiorari from Justice's Judgment. Appeal from the Circuit Court of Jackson. Tried before the Hon. H. C. Speake. This action was brought by Mrs. Callie E. Payne, the wife of Martin A. Payne, against M. M. Grantham, to recover an alleged balance of $49.80 due on a promissory note ; and was commenced before a justice of the peace, on the 6th March, 1882. The note on which the action was founded was for $350, signed by the defendant, dated February 24th, 1881, and payable to Martin A. Payne ; and it recited on its face that it was given “for balance of purchase-money of house and lot in…
1Opinion of the CourtSomeeyille, J.
1. The action was properly brought in the name of the wife alone, as “ the party really interested.” She is shown to have been the beneficial owner of thá note sued on, and it was a part of the corpus of her statutory separate estate under the laws of Alabama. Although payable on its face to the husband, he held the legal title in trust for the wife as beneficiary, and his possession was hers.. — Code 1876, §§ 2890, 2892 ; Wortham v. Gurley, 75 Ala. 356.
2. The ownership of the note by the plaintiff was a fact to which her husband, Payne, could properly testify. The objection to this testimony…
2Cases cited9 opinions
- Nelson v. IversonSupreme Court of Alabama · 1853
- Durden v. McWilliamsSupreme Court of Alabama · 1858
- Elliott v. Stocks & Bro.Supreme Court of Alabama · 1880
- Patterson v. KickerSupreme Court of Alabama · 1882
- Wortham v. GurleySupreme Court of Alabama · 1883
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Sloss-Sheffield Steel & Iron Co. v. GreenSupreme Court of Alabama · 1909
- Ex parte JordanAlabama Court of Appeals · 1962
- Ex parte SneddenAlabama Court of Appeals · 1953
- First Avenue Coal & Lumber Co. v. HiteAlabama Court of Appeals · 1913