Bridges v. McClendon
Supreme Court of Alabama
Appeal from the Circuit Court of Lawrence. Tried before tbe Hon. W. J. Haralson. This action was brought by Mrs. Jane Bridges against Jobn H. McClendon, and was founded on the defendant’s promissory note for $300, wbicb was in these words ; “By the 1st January, 1871,1 promise to pay Charles F. Woods, trustee, &c., or bearer, three hundred dollars, part consideration for eighty acres of land this day purchased of Mm and others, this March 6th, 1868 which was assigned to the…
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Appeal from the Circuit Court of Lawrence. Tried before tbe Hon. W. J. Haralson. This action was brought by Mrs. Jane Bridges against Jobn H. McClendon, and was founded on the defendant’s promissory note for $300, wbicb was in these words ; “By the 1st January, 1871,1 promise to pay Charles F. Woods, trustee, &c., or bearer, three hundred dollars, part consideration for eighty acres of land this day purchased of Mm and others, this March 6th, 1868 which was assigned to the plaintiff by indorsement. Tbe defendant filed a special plea of set-off, alleging that tbe note was given for a part of…
1Opinion of the CourtStone, J.
The testimony tends strongly to show, that when the sale and conveyance of the disputed twenty-three acres of land were made to Garland Wood, or to him and his father, McClendon, the appellee, was in possession, claiming said land under his prior purchase. This constituted an adverse holding by him, which would render the conveyance to Garland Wood inoperative and void, as against him, McClendon ; and would have furnished him a defense to an action at law brought by Garland Wood for the recovery of said lands. — Hinton v. Nelms, 13 Ala. 223; Abercrombie v. Baldwin, 15 Ala. 371; Carlos v.…
2Cases cited15 opinions
- Sanford v. HowardSupreme Court of Alabama · 1857
- Gibson v. MarquisSupreme Court of Alabama · 1857
- Atwood's Adm'r v. WrightSupreme Court of Alabama · 1856
- Partridge v. ForsythSupreme Court of Alabama · 1856
- Kelly's Heirs v. AllenSupreme Court of Alabama · 1859
10 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Humes v. BernsteinSupreme Court of Alabama · 1882
- Hess v. RudderSupreme Court of Alabama · 1897
- Wilkinson v. StateSupreme Court of Alabama · 1894
- Clements v. PearceSupreme Court of Alabama · 1879
- Grant v. NationsSupreme Court of Alabama · 1911
4 more not listed; retrieve them via the Exa API.