# Adams v. Thomas

> Supreme Court of Alabama · December 15, 1875 · 54 Ala. 175

URL: https://www.frixlaw.com/law-library/cases/6509244

## Case

- **Full name:** Adams v. Thomas
- **Court:** Supreme Court of Alabama
- **Decided:** December 15, 1875
- **Citations:** 54 Ala. 175
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Brickell
- **Judges:** Brickell
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6509244

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6509244. Public record. Not legal advice.