Harris v. Rowlands' Adm'rs
Supreme Court of Alabama
Error, to the Circuit Court of Benton. Tried before the Hon. Thomas A. Walker. This was an action of assumpsit by the defendants in error, as the personal representatives of one Richard D. Rowland, against the plaintiff in error, to recover a certain sum of money alleged to be due and owing the estate of the said Rowland, by reason of a Breach of warranty on a contract of sale of certain negroes made by the said plaintiff in error, to the said Rowland in his life-time.
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Error, to the Circuit Court of Benton. Tried before the Hon. Thomas A. Walker. This was an action of assumpsit by the defendants in error, as the personal representatives of one Richard D. Rowland, against the plaintiff in error, to recover a certain sum of money alleged to be due and owing the estate of the said Rowland, by reason of a Breach of warranty on a contract of sale of certain negroes made by the said plaintiff in error, to the said Rowland in his life-time. There was a verdict and judgment for the plaintiffs in the court below, and the defendant brings the ease to this court. On…
1Opinion of the CourtGibbons, J.
The sole question presented by the bill of exceptions is, whether or not the charge of the court below to the jury was correct.
The case presented by the bill of exceptions, is that of a vendee suing his vendor for breach of warranty of title on a sale of negro property made by the latter to the former, with express *648warranty of title. The proof shows that a recovery had been had against the plaintiffs’ intestate, by ono Shelton, on a warranty of title to the same property to him, and also that ono Rutledge had recovered the property from the said Shelton on an adverse title; that the said…
2Cases cited1 opinion
- Walker v. ClaySupreme Court of Alabama · 1852
3Cited by4 opinions
- Donaldson's Adm'r v. Waters' Adm'rSupreme Court of Alabama · 1857
- Johnson v. Oehmig & WiehlSupreme Court of Alabama · 1891
- Southern Motors Corporation v. Gayle Motor Co.Supreme Court of Alabama · 1922
- Baltimore Steam Packet Co. v. GarrisonNew York Court of Common Pleas · 1875