Flournoy v. Mims

Citations

• 17 Ala. 36

Syllabus

<p>1. M and others as his securities executed a forthcoming bond payable to Jacob A. Tuberney, conditioned to pay to the sheriff the amount of an execution in his hands in favor of Jacob A. Flournoy, or to deliver to him certain property on which it had been levied: Held—</p> <p>1. That parol evidence is inadmissible to show that the name inserted in the penal part of the bond was intended for that of the plaintiff in execution.</p> <p>2. That the bond is not amendable without the consent of the obligors.</p>