White v. Beard
Supreme Court of Alabama
In error to the Circuit Court of Tuskaloosa county. The action in this case was assumpsit, brought by Abel H. White, as the administrator de bonis non of Benjamin Palmer: and the cause of action was a promissory note, made by the defendant Beard, to secure the payment of nine hundred dollars to Job Going, the administrator of Benjamin Palmer. A demurrer having been filed to the declaration, and overruled, the defendant plead non assumpsit and judgment was given in his favor.
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In error to the Circuit Court of Tuskaloosa county. The action in this case was assumpsit, brought by Abel H. White, as the administrator de bonis non of Benjamin Palmer: and the cause of action was a promissory note, made by the defendant Beard, to secure the payment of nine hundred dollars to Job Going, the administrator of Benjamin Palmer. A demurrer having been filed to the declaration, and overruled, the defendant plead non assumpsit and judgment was given in his favor. In the progress of the trial, a bill of exceptions was taken, which disclosed the facts, — that the defendant offered…
1Opinion of the CourtHopkins, C. J.
In this case, the action is founded upon a note made by the defendant to Job Going, as administrator of Benjamin Palmer, de*96ceased. On the trial of the cause, the defendant gave in evidence a penal bond, executed by the said Going on the day of the date of the note, with a condition, that the bond should be void, if Going conveyed a good title in fee simple to the land described in the condition, to the defendant, when he made full payment of the purchase money to Going.
It is recited in the condition, that Palmer, the intestate, purchased the land in his life time, of Going; that afterward, he…
2Cases cited1 opinion
- Dowdle v. CampNew York Supreme Court · 1815
3Cited by2 opinions
- Mobile Electric Co. v. NelsonSupreme Court of Alabama · 1923
- Johnson v. HansonSupreme Court of Alabama · 1844