Minge v. Smith
Supreme Court of Alabama
THE defendant in error brought an action of debt against the plaintiff, in the Circuit Court of Marengo, on a bill single, dated the 4th June, 1S35, for the payment of twelve thousand three hundred and five dollars, on the first day of January, one thousand eight hundred and thirty-eight.
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THE defendant in error brought an action of debt against the plaintiff, in the Circuit Court of Marengo, on a bill single, dated the 4th June, 1S35, for the payment of twelve thousand three hundred and five dollars, on the first day of January, one thousand eight hundred and thirty-eight. Five several pleas were interposed in the Circuit Court, which need not be particularly noticed, as both the questions brought to the view of this Court, arise upon the demurrer to the third plea. In the demurrer, a bond of the following tenor, is set out on oyer: “Stateof Alabama, Marengo County: Know all…
1Opinion of the CourtCollier, C. J.
— There is not entire harmony in the decisions'touohing the right of the purchaser of lands, to be compensated for a defect in the'quantity of the estate, and in considering ithe question, we derire to be understood as expressing no opinion beyond what the facts of the present case require. The inquiry to be made is, do these words, viz: “The whole of the within described lands, contain in all, twelve hundred and sixty-eight and seventy-one hundredths acres,55 amount to a stipulation on the part of the defendant in error, that the land, the consideration of the note sued on, contains that…
2Cases cited1 opinion
- Powell v. ClarkMassachusetts Supreme Judicial Court · 1809
3Cited by13 opinions
- Landford v. DunklinSupreme Court of Alabama · 1882
- Winston v. BrowningSupreme Court of Alabama · 1878
- Carter v. BeckSupreme Court of Alabama · 1867
- Frederick v. YoungbloodSupreme Court of Alabama · 1851
- Wright v. WrightSupreme Court of Alabama · 1859
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