Kirksey v. Kirksey

Supreme Court of Alabama

Kirksey v. Kirksey

8 Ala. 131

CourtSupreme Court of Alabama

DecidedJanuary 15, 1845

StatusPublished

Cited by12 cases

This text of 8 Ala. 131 (Kirksey v. Kirksey) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kirksey v. Kirksey, 8 Ala. 131 (Ala. 1845).

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Opinion

ORMOND, J.

The inclination of my mind, is, that the loss and inconvenience, which the plaintiff sustained in breaking up, and moving to the defendant’s, a distance of sixty miles, is a sufficient consideration to support the promise, to furnish her with a house, and land to cultivate, until she could raise her family. My brothers, however think, that the promise on the part of the defendant, was a mere gratuity, and that an action will not lie for its breach. The judgment of the Court below must therefore be reversed, pursuant to the agreement of the parties.

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ORMOND, J.

The inclination of my mind, is, that the loss and inconvenience, which the plaintiff sustained in breaking up, and moving to the defendant’s, a distance of sixty miles, is a sufficient consideration to support the promise, to furnish her with a house, and land to cultivate, until she could raise her family. My brothers, however think, that the promise on the part of the defendant, was a mere gratuity, and that an action will not lie for its breach. The judgment of the Court below must therefore be reversed, pursuant to the agreement of the parties.

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Bluebook (online)

8 Ala. 131, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kirksey-v-kirksey-ala-1845.

Opinion

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