Hudson v. Isbell
Supreme Court of Alabama
Error, on a decree hi Chancery, to the Circuit Court of Franklin. Ellis Isbell filed his bill in Chancery, against Benjamin Hudson, alleging that on or about the fifth day of November, 1827, the defendant paid off, and discharged for the complainant, a certain judgment, then subsisting against him, in the Circuit Court of Franklin, in favor of Davis & Gurley for the sum of five hundred and thirty dollars and ninety two and a half cents ; that in order to secure and indemnify…
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Error, on a decree hi Chancery, to the Circuit Court of Franklin. Ellis Isbell filed his bill in Chancery, against Benjamin Hudson, alleging that on or about the fifth day of November, 1827, the defendant paid off, and discharged for the complainant, a certain judgment, then subsisting against him, in the Circuit Court of Franklin, in favor of Davis & Gurley for the sum of five hundred and thirty dollars and ninety two and a half cents ; that in order to secure and indemnify the said Hudson, for the payment so made, the complainant, on the — day of-, 1827, placed, in the possession of Hudson,…
1Opinion of the CourtTaylor, J.
The first position taken by the plaintiff in error, to reverse the decree of the Circuit Court, is, that parol evidence should not have been received, to vary the contract between the parties, from the one specified in the deed.
The deed purports to be a bill of sale for four slaves, from Isbell to Hudson. By the bill filed in this case, Isbell alleges that no sale of the slaves was actually made ; but that they were mortgaged to secure the payment of a sum of money.
The answer of Hudson admits that there was not an absolute sale at the time the deed was executed, but insists there was a…
2Cases cited2 opinions
- Hughes v. EdwardsSupreme Court of the United States · 1824
- Thompson v. PattonCourt of Appeals of Kentucky · 1824
3Cited by3 opinions
- Slee v. President & Directors of the Manhattan Co.New York Court of Chancery · 1828
- Corley v. VizardSupreme Court of Alabama · 1919
- Cousins v. CrawfordSupreme Court of Alabama · 1953