Report of Cases Argued And Determined in the Supreme Court of Alabama volume 11
Report of Cases Argued And Determined in the Supreme Court of Alabama volume 11
Alabama Supreme Court
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SIMMONS. The writ was not executed upon Simmons, and as to him the suit was discontinued. Upon the trial of the cause, as ap- pears from a bill of exceptions, it was proved that the note above described, and another of the same amount, were exe- cuted by the defendants, and at the same time the plaintiff ex- ecuted to M. C. Trammel, a deed to a tract of land in Henry county, which was proved to be worth in cash $1760, and that nothing was to be paid for the land in the event Mr. Polk was not el...ected President of the United States. Tram- mel appointed an agent, and instructed him to rent out the land, and after the election of Mr. Polk, offered to rescind the contract. McCarty signed the notes as surety of Trammel. The court excluded these notes from the jury as illegal and void. But other proof being made, showing that the notes JANUARY TERM, 1847. 667 Trammel and McCarty v. Gordon. contained the real consideration of the contract, the court charged, that if they betived Gordon had made a deed of his land to Trammel, without intending it as a gift, and had re- ceived no pay for it, he would be entitled to recover from the person the value of the land, at the time of the sale.
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