Public-domain · open source
OpenJurist

54 Ala. 175

Adams v. Thomas

Supreme Court of Alabama

Decided December 15, 1875

Supreme Court of Alabama · decided 1875-12-15

Tried before Hon. 0. Pelham. Appellant, Adams, sued the appellee, Thomas, on a promissory note made by defendant, for four hundred and twenty-five dollars, which showed on its face that it was given for a “part of the northwest quarter section twenty-one, range seven, township twenty-one, known as the residence now occupied by Mrs. Clayton, containing thirty-five acres, more or less.” A trial was had on plea of the general issue, with leave to give in evidence any matter…

Relies on West v. Kelly's Ex'rs · Hair v. La Brouse · Beard v. White

Good law ✅— No negative treatment on recordhow we know

Decided 1875-12-15

How this case has been cited

Cited by 3 later decisions — most recently May 1931

3 state decisions

101875188018901900191019201930decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

BRICKELL, C. J.

¶1The note on which the suit is founded is perfect and- complete, expressing as its consideration that it is given “for value received in the following described parcel of land,” describing it. It was not permissible for the defendant, by parol evidence, to prove that it was made on a different consideration.—Chitty on Bills, 70; West v. Kelly, 19 Ala. 353 ; Evans v. Bell, 20 Ala. 509; Hair v. Lee Brown, 10 Ala. 548 ; Beard v. White, 1 Ala. 436. The circuit court was, therefore, in error in permitting the defendant to introduce evidence that the consideration of the note was variant from that expressed. The first, second, fourth, fifth and sixth charges given by the court, are based on the evidence improperly admitted, and are, of consequence, erroneous. In the present aspect of the case, it can not well be determined *177whether the third and seventh charges, if they assert correct legal propositions, are pertinent to the issue involved.

¶2The judgment is reversed, and the cause remanded.

/54/ala/175 · .json · Public domain