Supreme Court of Alabama, 1845

Kirksey v. Kirksey

Kirksey v. Kirksey
Supreme Court of Alabama · Decided January 15, 1845 · Ormond
8 Ala. 131

Kirksey v. Kirksey

Opinion of the Court

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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