Nelms v. Prewitt
Supreme Court of Alabama
Appeal -from the Chancery Court of Fayette. Heard before the-Hon. James B. Clask. The bill in this case was filed, on the 24th April, 1855, by Nathaniel H. Nelms, against Abram M. Prewitt arid James A. Thompson ; and alleged, in substance, the following facts : That on the 1st April, 18-51, complainant purchased from said Prewitt a certain tract of land, embracing about six hundred and forty acres, at the price of one dollar and fifty-six and a fourth cents per acre; for…
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Appeal -from the Chancery Court of Fayette. Heard before the-Hon. James B. Clask. The bill in this case was filed, on the 24th April, 1855, by Nathaniel H. Nelms, against Abram M. Prewitt arid James A. Thompson ; and alleged, in substance, the following facts : That on the 1st April, 18-51, complainant purchased from said Prewitt a certain tract of land, embracing about six hundred and forty acres, at the price of one dollar and fifty-six and a fourth cents per acre; for which he executed his three promissory notes, one for $309, payable the 25th December,'1851, and the other two for $350…
1Opinion of the CourtR. W. Walker, J.
Under the Code, {% 2240,) tbe claim of the complainant for an abatement of the purchase-money, on account of a deficiency in the land sold,' add for damages by reason of the breach of the defendant’s covenant of warranty, might have been presented and allowed as a set-off, in ’ tbe action at law upon tbe note for the purchase money. — Holley v. Younge, 27 Ala. 203 ; Gibson v. Marquis, 29 Ala. 668; Bell v. Thompson, 34 Ala. 635. It is not necessary that we should consider whether, on account of the non-residence of his vendor, this demand of the complainant was not also available by way of…
2Cases cited3 opinions
- Holley v. YoungeSupreme Court of Alabama · 1855
- Gibson v. MarquisSupreme Court of Alabama · 1857
- Pearce v. Winter Iron-WorksSupreme Court of Alabama · 1858
3Cited by8 opinions
- Sledge v. Swift, Murphy & Co.Supreme Court of Alabama · 1875
- Hunt v. JonesSupreme Court of Alabama · 1919
- Eads v. MurphySupreme Court of Alabama · 1875
- Stewart v. BurginSupreme Court of Alabama · 1929
- Middleton v. FosheeSupreme Court of Alabama · 1915
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