Walker v. Winn
Supreme Court of Alabama
Appeal from Barbour Circuit Court. Heard before Hon. M. Solly, Special Judge. Assumpsit by J. J. Winn, Jr., against I). L. Walker, Winn sneing in a representative capacity as administrator of the estate of J. E. Crews, deceased. From a a judgment for plaintiff, defendant appeals. One Walker executed a note and mortgage to Zachariah Bush, with T). L. Walker, the present defendant, and one Baker as sureties on the note.
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Appeal from Barbour Circuit Court. Heard before Hon. M. Solly, Special Judge. Assumpsit by J. J. Winn, Jr., against I). L. Walker, Winn sneing in a representative capacity as administrator of the estate of J. E. Crews, deceased. From a a judgment for plaintiff, defendant appeals. One Walker executed a note and mortgage to Zachariah Bush, with T). L. Walker, the present defendant, and one Baker as sureties on the note. The mortgage was foreclosed and after foreclosure a degree over was granted the mortgagee by the chancellor. The suit is upon the note, and only the present defendant is sued.…
1Opinion of the CourtTyson, C. J.
This is an action upon'a promissory note. A number of defenses were interposed by special pleas. Among the pleas was one which imposed upon the plaintiff the burden of proving his intestate’s ownership of the note. The others invoked matters of defense of an affirmative character imposing upon the defendant the burden of proving the matters alleged in them as a defense to the action. To some of these latter pleas there was a general replication, and also special replications. To the special replications a demurrer was interposed, and as to those numbered 8, 9, and 10 the demurrer was…
2Cited by2 opinions
- McAllister-Coman Co. v. MatthewsSupreme Court of Alabama · 1910
- Chandler v. HardemanAlabama Court of Appeals · 1915