Opinion

Adams v. Thomas

  • 54 Ala. 175
Court
Supreme Court of Alabama
Filed
Dec 15, 1875
Status
Published
Author
Brickell
On the bench
Brickell
Cited by
2 cases
Authority
More cited than 76.1%

The opinion

BRICKELL, C. J.

The 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 *177 whether the third and seventh charges, if they assert correct legal propositions, are pertinent to the issue involved.

The judgment is reversed, and the cause remanded.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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