Mason v. Buchanan
Supreme Court of Alabama
Appeal from -Jackson Probate Court. This was a motion by the appellant, James E. Mason, in tbe Probate Court, to revive a judgment rendered in said court against tbe appellee, James M. Buchanan, as tbe administrator de bonis non of tbe estate of bis father, Winfield S. Mason, and in fayor of one B. W. Mason as tbe guardian of appellant, wbo was then a minor. Tbe motion alleged that tbe decree rendered on tbe settlement was wholly unsatisfied and still in full force.
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Appeal from -Jackson Probate Court. This was a motion by the appellant, James E. Mason, in tbe Probate Court, to revive a judgment rendered in said court against tbe appellee, James M. Buchanan, as tbe administrator de bonis non of tbe estate of bis father, Winfield S. Mason, and in fayor of one B. W. Mason as tbe guardian of appellant, wbo was then a minor. Tbe motion alleged that tbe decree rendered on tbe settlement was wholly unsatisfied and still in full force. It appeared that Winfield S. Mason died intestate, leaving bis widow, appellant, and one daughter, Prances W. Mason, as bis…
1Opinion of the CourtBrickell, C. J.
It is not necessary to pass severally on the various objections to evidence, shown by the bill of exceptions. There was sufficient evidence of the acceptance of the deed by the guardian of the appellant, and as it was acknowledged and recorded according to the statute, a transcript of the record, without producing the original, was evidence for the appellee. — Code of 1876, § 2154. Though the recital of the consideration was money paid, there was no objection to parol evidence that it was not money, but the extinguishment of a debt of the grantor. The two considerations are of the same kind…
2Cases cited5 opinions
- Field v. SchieffelinNew York Court of Chancery · 1823
- Hair v. LittleSupreme Court of Alabama · 1856
- Foscue v. LyonSupreme Court of Alabama · 1876
- Eckles v. CarterSupreme Court of Alabama · 1855
- Woodward v. DonallySupreme Court of Alabama · 1855
3Cited by11 opinions
- Martin v. TallySupreme Court of Alabama · 1882
- Piedmont Land Improvement Co. v. Piedmont Foundry & Machine Co.Supreme Court of Alabama · 1892
- Nashville Lumber Co. v. BarefieldSupreme Court of Arkansas · 1910
- Echols v. SpeakeSupreme Court of Alabama · 1913
- Larkin v. MasonSupreme Court of Alabama · 1881
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