29 Ala. 433 (Ala. 1856), Adams v. Adams

Citation:29 Ala. 433
Opinion Judge:RICE, C.J.
Attorney:GEO. W. GAYLE and S.D. HAYS, for appellants. WM. M. BYRD, and ELMORE & YANCEY, contra.
Court:Supreme Court of Alabama

Page 433

29 Ala. 433 (Ala. 1856)




Supreme Court of Alabama

June Term, 1856


APPEAL from the Circuit Court of Dallas.

Tried before the Hon. ANDREW B. MOORE.

THIS action was brought by Spencer Adams and Elizabeth his wife, against John Adams, who was the father of said Elizabeth and the uncle of said Spencer, and was founded on a contract which, in substance, was this: In July, 1849, there was a controversy existing between the defendant and one Jane Caudell, who was the sister of the defendant and the mother of Spencer Adams, relative to the will and estate of their deceased father, of which the defendant was the executor; and Mrs. Caudell and her husband had appointed said Spencer Adams their agent and attorney in fact, authorizing him to demand and receive Mrs. Caudell's interest in her father's estate, to make a settlement in her name with his executor, and to convey her interest in the estate. In consideration that Spencer Adams would abandon a contemplated chancery suit in reference to these matters, and would make to the defendant a good title to Mrs. Caudell's interest in a certain tract of land which belonged to her father at the time of his death, the defendant promised that he would give Elizabeth Adams, the wife of said Spencer, a child's share of his estate, which share is alleged to have been worth about $25,000. The declaration also contained the common counts. The pleas were, the general issue, want of consideration, failure of consideration, payment, and the statute of limitations of six years.

On the trial, as appears from the bill of exceptions, the plaintiffs offered evidence tending to prove the contract declared on, and then proved that said Spencer Adams, on the 5th July, 1851, delivered to the clerk of the probate court of Dallas, for registration, a deed purporting to have been executed by said Jane Caudell and her husband on the 14th November, 1835, and conveying to the defendant the tract of land described in the complaint. The plaintiffs having rested their case, the defendant offered in evidence a written instrument, in form a deed, but not under seal, dated Sept. 15, 1833, signed by Jane Caudell and her husband, attested by said Spencer Adams, and purporting to convey to the defendant the same tract of land. On this deed was endorsed a certificate of acknowledgment, taken by one of the judges of the superior court of North Carolina, which bore some marks of erasure; and also, on the same sheet of paper, a letter from said Jane Caudell and her husband to defendant, informing him that, after they...

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