Rice v. Richardson
Supreme Court of Alabama
Error to the Circuit Court of Greene. THIS action was brought by the defendants in error, as administrators de bonis non of the estate of William Brantly, against the plaintiffs in error, on a note made by them to William Tasker, administrator of the estate of William Brantly ; upon issue taken on the plea of non assumpsit, the plaintiffs below, obtained a verdict and judgment.
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Error to the Circuit Court of Greene. THIS action was brought by the defendants in error, as administrators de bonis non of the estate of William Brantly, against the plaintiffs in error, on a note made by them to William Tasker, administrator of the estate of William Brantly ; upon issue taken on the plea of non assumpsit, the plaintiffs below, obtained a verdict and judgment. Upon the trial, the plaintiffs in error, offered to prove that the note sued on was executed by the plaintiffs in error 'on the purchase of a negro, at the sale of the property of William Brantly, by Tasker, the payee…
1Opinion of the CourtOrmond, J.
The question to be determined in this case is, whether the maker of a note given on the purchase of a slave at a sale made by an administrator, can set up as a de-fence a fraud in the sale, when sued on the note by a succeeding administrator, who sues as administrator, de bonis non.
If the administrator who made the sale, and to whom the note was given was the plaintiff, no doubt could be entertained that the defence could be made. Fraud vacates all contracts, whether made by the personto be interested thereby, or by an agent. Where the agent is not only the fraudulent actor, but is the holder…
2Cited by7 opinions
- Andrews v. KeithSupreme Court of Alabama · 1859
- Riddle v. Hill's AdministratorSupreme Court of Alabama · 1874
- Black v. WaltonSupreme Court of Arkansas · 1877
- Stewart v. JonesDistrict Court, S.D. Alabama · 1983
- Bright National Bank v. HansonIndiana Court of Appeals · 1916
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