Gayle v. Randle
Supreme Court of Alabama
Edmund Randle brought an action of assumpsit in the Circuit Court of Dallas county, against J. Gayle, senior, to recover (§260 for certain articles sold .and delivered to him, by Randle, as executor of the last will of Willis Randle, and as part of bis personal estate; and obtained a verdict in his favor.
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Edmund Randle brought an action of assumpsit in the Circuit Court of Dallas county, against J. Gayle, senior, to recover (§260 for certain articles sold .and delivered to him, by Randle, as executor of the last will of Willis Randle, and as part of bis personal estate; and obtained a verdict in his favor. On the trial, the defendant below produced and proved the execution of the following order and receipt: “Samuel B. Ewing, Esq sir, please pay Mr Edmund Randle, two hundred and sixty dollars, and oblige your obedient, MATT. GAYLE. February 14th, 1826.” On which was the endorsement following:…
1Opinion of the Court
By the CHIEF JUSTICE.
On a consideration of all the points presented by the bill of exceptions, we have no hesitation in sustaining the Judge of the Circuit Court in his decision on every one of them. It is very clear, that if such set-offs were allowed, it would exceedingly embarrass the settlement of estates. We say, too, on the other points, that the plaintiff most satisfactorily accounted for all the circumstances attending the order, from the time it was improperly obtained from him, to the final production of it on the trial. There never was a case better made out. The judgement must be…
2Cited by2 opinions
- Driver v. HudspethSupreme Court of Alabama · 1849
- Locke v. LockeSupreme Court of Alabama · 1876