Evans v. Bell
Supreme Court of Alabama
ERROR to the Circuit Court of Morgan. Tried before tbe Hon. L. P. Walker. This was an action, (commenced by attachment) on a promissory note executed by Evans to Bell, purporting to have been given “ for tbe rent of land.”
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ERROR to the Circuit Court of Morgan. Tried before tbe Hon. L. P. Walker. This was an action, (commenced by attachment) on a promissory note executed by Evans to Bell, purporting to have been given “ for tbe rent of land.” On tbe trial, tbe defendant offered to prove “ that after be bad passed into tbe possession of the land, for the rent of which the note was given, the plaintiff, upon being applied to by the defendant’s overseer to repair the fencing around said land, said that it was his (plaintiff’s) business to repair the fencing, but that he would take his own time for doing so; and…
1Opinion of the Court
PHELAN, J.-
-The decision of the court below on the point of law is affirmed, on the authority of the case of Paysant v. Ware & Barringer, 1 Ala. 160.
For the error in giving judgment against the security on the replevy bond as well as the defendant, the judgment below is reversed, and rendered against the defendant only in this court.
2Cases cited1 opinion
- Paysant v. WareSupreme Court of Alabama · 1840
3Cited by3 opinions
- Vandegrift v. Abbott.Supreme Court of Alabama · 1883
- Adams v. ThomasSupreme Court of Alabama · 1875
- Gaines v. SheltonSupreme Court of Alabama · 1872