Johnson v. Collins
Supreme Court of Alabama
Error to the Circuit Court of Marengo. Tried before the Hon. Geo. D. Shortridgc. This was an action of debt o-n a title bond by the defendant against the plaintiffs in error. The bond was executed by one' James Martin and Barah Martin, the latter being now the wife of Malalcel Johnso-n, her co-plaintifF in error, and is conditioned to make title in a reasonable time to a tract of laud hi Marengo county.
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Error to the Circuit Court of Marengo. Tried before the Hon. Geo. D. Shortridgc. This was an action of debt o-n a title bond by the defendant against the plaintiffs in error. The bond was executed by one' James Martin and Barah Martin, the latter being now the wife of Malalcel Johnso-n, her co-plaintifF in error, and is conditioned to make title in a reasonable time to a tract of laud hi Marengo county. The declaration commences “ John Collins* plaintiff, complains of Malaleel Johnson and his wife, Sarah Johnson, formerly Sarah Martin, defendants in this suit,” &c. and alleges that1 “ the…
1Opinion of the CourtChilton, J.
The plaintiffs in error, who were the defendants below, were sued- in an action of debt upon a title bond executed by one James Martin and the defendant Sarah, then called Sarah Martin. The defendants pleaded several pleas, to one of which, the seventh, a demurrer was sustained and they *323ask that the demurrer be visited upon the declaration, but which as to it was overruled by the court, and the first question which claims our consideration is whether the court ptoperly overruled the demurrer. The first objection to the declaration is that it does not aver the marriage between Sarah Martin and…
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