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Copeland v. Beard

Alabama Supreme Court
115 So. 389 (1928)


Facts

Marvin Copeland (defendant) bought real property on the condition that he would assume certain of the seller’s debts. B.V. Beard (plaintiff) was the seller’s creditor. On the same day, before Beard assented to having Copeland as her debtor, Copeland resold the property upon the condition that the new purchaser would assume the same debts of the original seller. As a result of this second transaction, the original seller released Copeland from Copeland’s promise to assume the seller’s indebtedness to Beard. Beard brought suit against Copeland, seeking to recover the debts. The trial court ruled in favor of Beard. The court of appeals affirmed. Copeland petitioned for certiorari.

Rule of Law

Issue

Holding and Reasoning (Bouldin, J.)

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