Cassell v. Collins
Supreme Court of Alabama
Error to the City Court of Mobile. Tried before the Hon. Alex. McKinstry. Assumpsit by Joseph Cassell against Sidney E. Collins, on the following facts, as shown by the bill of exceptions : On the 23rd June, 1851, Cassell was in possession of a small lot and tenement at the corner of St. Anthony and Commerce streets, in the city of Mobile, deriving his possession from one Lowry, who had rented the lot from one Meslier, who claimed to be the owner and proprietor of it; Lowry…
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Error to the City Court of Mobile. Tried before the Hon. Alex. McKinstry. Assumpsit by Joseph Cassell against Sidney E. Collins, on the following facts, as shown by the bill of exceptions : On the 23rd June, 1851, Cassell was in possession of a small lot and tenement at the corner of St. Anthony and Commerce streets, in the city of Mobile, deriving his possession from one Lowry, who had rented the lot from one Meslier, who claimed to be the owner and proprietor of it; Lowry had rented for one year from the 1st October, 1850, and after he took possession had built the tenement aforesaid; he…
1Opinion of the CourtGibbons, J.
On the above stated facts ihe court below' charged the jury, that they must find for the defendant. The court, doubtless, gave this charge under the impression that the contract which the proof tended to establish was within our statute of frauds, and therefore void unless the same was in writing; and the question now presented is, whether said contract is within the statute of frauds or not.
It will be observed that our statute, in its terms, is somewhat more restricted than that of the English statute. The language of our act is, “or upon any contract for the sale of lands, tenements or…
2Cases cited2 opinions
- Howard v. EastonNew York Supreme Court · 1810
- Benedict v. BeebeeNew York Supreme Court · 1814
3Cited by3 opinions
- Simpson & Harper v. Harris & ScrandrettSupreme Court of Alabama · 1911
- Jenkins v. BrownCourt of Appeals of Georgia · 1934
- Tarrance v. HatfieldSupreme Court of Alabama · 1881