Adams v. Thomas
Supreme Court of Alabama
Appeal from Circuit Court of Clay. Tried before Hon. 0. Pelham. Appellant, Adams, sued the appellee, Thomas, on a promissory note made by defendant, for four hundred and twenty-five dollars, which showed on its face that it was given for a “part of the northwest quarter section twenty-one, range seven, township twenty-one, known as the residence now occupied by Mrs. Clayton, containing thirty-five acres, more or less.”
Read the full summary
Appeal from Circuit Court of Clay. Tried before Hon. 0. Pelham. Appellant, Adams, sued the appellee, Thomas, on a promissory note made by defendant, for four hundred and twenty-five dollars, which showed on its face that it was given for a “part of the northwest quarter section twenty-one, range seven, township twenty-one, known as the residence now occupied by Mrs. Clayton, containing thirty-five acres, more or less.” A trial was had on plea of the general issue, with leave to give in evidence any matter which might be specially pleaded. The defendant, against the objection and exception of…
1Opinion of the CourtBrickell, C. J.
The note on which the suit is founded is perfect and- complete, expressing as its consideration that it is given “for value received in the following described parcel of land,” describing it. It was not permissible for the defendant, by parol evidence, to prove that it was made on a different consideration.—Chitty on Bills, 70; West v. Kelly, 19 Ala. 353 ; Evans v. Bell, 20 Ala. 509; Hair v. Lee Brown, 10 Ala. 548 ; Beard v. White, 1 Ala. 436. The circuit court was, therefore, in error in permitting the defendant to introduce evidence that the consideration of the note was variant from that…
2Cases cited4 opinions
- West v. Kelly's Ex'rsSupreme Court of Alabama · 1851
- Hair v. La BrouseSupreme Court of Alabama · 1846
- Beard v. WhiteSupreme Court of Alabama · 1840
- Evans v. BellSupreme Court of Alabama · 1852
3Cited by2 opinions
- Nettles v. NettlesSupreme Court of Alabama · 1880
- Commercial Casualty Ins. Co. v. Isbell Nat. BankSupreme Court of Alabama · 1931