Maull v. Vaughn
Supreme Court of Alabama
Appeal from the Circuit Court of Lowndes. Tried before Hon. J. Q. Smith. Tbe facts are fully set out in the opinion. 1. There was no consideration for the promise made by Mrs. Alford. The debt agreed to be paid was that of her deceased husband, for which she was in no respect bound. She received no property of the estate of the husband, which was liable to pay his debts. The horse was a work-horse, exempt from payment of debts.
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Appeal from the Circuit Court of Lowndes. Tried before Hon. J. Q. Smith. Tbe facts are fully set out in the opinion. 1. There was no consideration for the promise made by Mrs. Alford. The debt agreed to be paid was that of her deceased husband, for which she was in no respect bound. She received no property of the estate of the husband, which was liable to pay his debts. The horse was a work-horse, exempt from payment of debts. Her promise was voluntary, without any consideration to support it. — See Jackson v. Jackson, 7 Ala. 792 ; Williams v. Sims, 22 Ala. 512; Black, Ex’r, v. Martin> 21…
1Opinion of the CourtPeck, C. J.
Upon first looking into this record, my *137impressions were in favor of an affirmance of the judgment, but on a more careful examination of the bill of exceptions, in which all the evidence and the charge of the court are set out, I am satisfied my first impressions were wrong.
The action was commenced against Mrs. M. A. Alford, the widow of G. 0. Alford, deceased, and appellant, E. G. Maull.
The summons was returned not found, as to Mrs. Alford, and, as to he:-, the suit was dismissed, and thereupon was prosecuted against said E. G. Maull alone.
The action is founded on a promissory note, made by…
2Cited by25 opinions
- Alabama Mills, Inc. v. SmithSupreme Court of Alabama · 1939
- McMillan, Ltd. v. WARRIOR DRILLING & ENG.Supreme Court of Alabama · 1987
- Ross v. ParksSupreme Court of Alabama · 1890
- Janes v. FeltonWest Virginia Supreme Court · 1925
- Agnew v. Walden & SonSupreme Court of Alabama · 1887
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