Livingston v. Arrington
Supreme Court of Alabama
Appeal from the Circuit Court of Perry. Tried before the Hon. E. W. Pettus. This action was brought, in August, 1852, by Nicholas W. Arrington against John S. Livingston and others, and was founded on the defendants’ promissory note for $400, dated January 1,1850, and payable twelve months after date, which was proved to have been given, in part, for the purchase ’ money of a slave, named Malinda, sold by said Arrington to Livingston.
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Appeal from the Circuit Court of Perry. Tried before the Hon. E. W. Pettus. This action was brought, in August, 1852, by Nicholas W. Arrington against John S. Livingston and others, and was founded on the defendants’ promissory note for $400, dated January 1,1850, and payable twelve months after date, which was proved to have been given, in part, for the purchase ’ money of a slave, named Malinda, sold by said Arrington to Livingston. On the trial, as appears from the bill of excep- ■ tions, after the plaintiff had read the note in evidence, the defendants proved that it was executed in…
1Opinion of the CourtRice, C. J.
More than a quarter of a century ago, in Duff v. Ivy, 3 Stew. Rep. 140, this court decided, that a warranty of soundness, as well as of title, was contained in a bill of sale in the following words : “ Received of Abraham Duff three hundred and fifty dollars, in full payment for a negro named Chaiftty, which I warrant and defend unto the said Duff.” ' j (signed) “ Thomas Ivy.”
The bill of sale which we are called on in the case at bar to construe, is in the following words: “ Received, this 16th day of January, 1850, of John S. Livingston, the sum of six hundred and eighty dollars, payment in…
2Cases cited2 opinions
- Hogan & Co. v. ReynoldsSupreme Court of Alabama · 1845
- Duff v. IvySupreme Court of Alabama · 1830
3Cited by6 opinions
- Tabor v. PetersSupreme Court of Alabama · 1883
- Alabama-Tennessee Natural Gas Co. v. City of HuntsvilleSupreme Court of Alabama · 1963
- Supreme Council Catholic Benevolent Legion v. GroveIndiana Supreme Court · 1911
- Birmingham Trust National Bank v. Midfield Park, Inc.Supreme Court of Alabama · 1976
- Thompson v. HarveySupreme Court of Alabama · 1888
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