Chapman v. Lee's Adm'r
Supreme Court of Alabama
Appeal from the Circuit Court of Sumter. Tried before the Hon. Luther R. Smith. This action was brought by Reuben Chapman, against the administrator with the will annexed of Mrs. Susan Lee, deceased; was commenced on the 9th September, 1865; and sought to recover an alleged unpaid balance of the purchase-money for a certain tract of land sold and conveyed by plaintiff to said decedent on the 23d December, 1858. The original complaint requires no notice, as another (called…
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Appeal from the Circuit Court of Sumter. Tried before the Hon. Luther R. Smith. This action was brought by Reuben Chapman, against the administrator with the will annexed of Mrs. Susan Lee, deceased; was commenced on the 9th September, 1865; and sought to recover an alleged unpaid balance of the purchase-money for a certain tract of land sold and conveyed by plaintiff to said decedent on the 23d December, 1858. The original complaint requires no notice, as another (called the first amended complaint) was substituted for it by leave of the court, which was in the following words: “ The…
1Opinion of the CourtPeters, J.
This is an action of assumpsit for a balance of the purchase-money for lands alleged to have been sold by the appellant, Chapman, to Mrs. Susan Lee, in her life-time, but who has since died, and is represented in this suit by the appellee, James M. Lee, as her administrator with the will annexed. There was a judgment of non-suit in the court below against the plaintiff in that court, said Chapman, who brings the case by appeal to this court, and here moves to set the judgment of non-suit aside, and for a new trial. The cause went off on the trial in the court below upon the demurrers to the…
2Cases cited4 opinions
- Vincent v. RogersSupreme Court of Alabama · 1857
- Freeland v. Heron, Lenox & Co.Supreme Court of the United States · 1812
- Kenan v. HollowaySupreme Court of Alabama · 1849
- Ware v. DudleySupreme Court of Alabama · 1849
3Cited by4 opinions
- Burns v. CampbellSupreme Court of Alabama · 1882
- Lewis v. WellsSupreme Court of Alabama · 1874
- Morningstar v. StrattonSupreme Court of Alabama · 1898
- Steinhardt v. BellSupreme Court of Alabama · 1885