Legal Opinion

Orr v. Stewart

Alabama Court of Appeals

Decided June 3, 1915PublishedCited by 7 opinions

Assumpsit. Appeal from Morgan Law and Equity Court- Heard before Hon. Thomas W. Wert. Assumpsit by S. E. Stewart against Mrs. L. Orr and others. Judgment for plaintiff, and defendants appeal.

1Opinion of the CourtBrown, J.

There are but two litigated questions in this case: First, whether the note and mortgage of October 1, 1909, for ¡§726.18, given by D. W. Orr to the plaintiff, was paid by D. W. Orr in his lifetime; and, if not, whether the note sued on was given by the defendant and accepted by the plaintiff in payment of the indebtedness due from D. W. Orr to' the plaintiff at the time of Orr’s death.(1) It seems to be conceded by the parties that, if the note was paid by D. W. Orr in his lifetime, then the indebtedness was paid in full before the note in suit was given. The defendants disavow any personal…

2Cases cited23 opinions

  1. Sharp v. HallSupreme Court of Alabama · 1888
  2. Birmingham Railway Light & Power Co. v. SeabornSupreme Court of Alabama · 1910
  3. Alabama Great Southern Railroad v. BaileySupreme Court of Alabama · 1895
  4. Reid v. StateSupreme Court of Alabama · 1910
  5. Rutledge v. RowlandSupreme Court of Alabama · 1909

18 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Blount County Bank v. Robinett McCayAlabama Court of Appeals · 1929
  2. Carroll v. StateAlabama Court of Appeals · 1918
  3. Brown v. LeeSupreme Court of Alabama · 1942
  4. Hooper v. HerringAlabama Court of Appeals · 1915
  5. Dothan Grocery Co. v. White Bros.Alabama Court of Appeals · 1915

2 more not listed; retrieve them via the Exa API.

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