Legal Opinion

Alabama Mineral Land Co. v. Jackson

Supreme Court of Alabama

Decided November 15, 1898PublishedCited by 21 opinions

Appeal from the Circuit Court of Chilton. Tried before the Hon. N. D. Denson. The Alabama Mineral Land Company sued Elihu E. Jackson and others on an alleged contract to purchase certain timber. The suit was discontinued as to all the defendants except Jackson. The writing on which the suit was brought and the other facts in the case, are fully set out in the opinion.

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Appeal from the Circuit Court of Chilton. Tried before the Hon. N. D. Denson. The Alabama Mineral Land Company sued Elihu E. Jackson and others on an alleged contract to purchase certain timber. The suit was discontinued as to all the defendants except Jackson. The writing on which the suit was brought and the other facts in the case, are fully set out in the opinion. The issue raised by demurrer to defendant’s pleas of the statute of frauds, was whether or not the alleged contract as set out- in the complaint, was void under the statute of frauds. Demurrer was sustained below, and the…

1Opinion of the CourtMcCLELLAN, C. J.

— Writings were signed by the Alabama Mineral Land Co. and E. E. Jackson by which in terms the latter was to purchase from the former at a stipulated price per acre “the timber from a continuous block of ten thousand acres, consecutive sections, in a northwesterly line from Maplesville, townships 21 and 22,” the purchaser to determine upon a continuous body of lands, mineral lands excepted, and to designate the same to seller on a day named. It was further stipulated that in “case of any material tract recently timbered having been cleared of 'said timber, or pillaged of same to any material…

2Cases cited3 opinions

  1. Dicken v. McKinleyIllinois Supreme Court · 1896
  2. Raub v. SmithMichigan Supreme Court · 1886
  3. Hayes v. BurkamIndiana Supreme Court · 1875

3Cited by21 opinions

  1. Safe Deposit & Trust Co. v. Diamond Coal & Coke Co.Supreme Court of Pennsylvania · 1912
  2. Boone v. CoeCourt of Appeals of Kentucky · 1913
  3. Karter v. EastSupreme Court of Alabama · 1929
  4. Stekoll Petroleum Co. v. HamiltonTexas Supreme Court · 1953
  5. Shannon v. WisdomSupreme Court of Alabama · 1911

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