Stone v. Gover
Supreme Court of Alabama
Writ of error to the Circuit Court of Talladega County. ACTION of debt on a bill single, executed by George W. §£ Isaac Stone, dated 4th January, 1836, payable on or before the' 1st January, 1837. Suit was instituted against both obligors, but was afterwards discontinued as to George W. Stone, who was not served with process.
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Writ of error to the Circuit Court of Talladega County. ACTION of debt on a bill single, executed by George W. §£ Isaac Stone, dated 4th January, 1836, payable on or before the' 1st January, 1837. Suit was instituted against both obligors, but was afterwards discontinued as to George W. Stone, who was not served with process. Pleas 1. That the bill single, was made and delivered,-in consideration that the plaintiff would convey, within a reasonable time thereafter, the title to a- certain tract of land, to the said George W. Slone; the defendant avers, that the said reasonable lime has long…
1Opinion of the Court
GOLDTHWAITE; J.
— The reasoning of the court, in the case of Wade v. Killough, (3 S. & P. 431) is very adverse to the first plea pleaded by the defendant, and it would be a decisive authority, if the first were similar. In that case, the title was to be executed on the same day on which the note given for the *289purchase money, was to be paid, and much stress is laid on the fact, that possession was given and retained by the purchaser. But here, the title was to be conveyed within a reasonable time after the contract of sale; while the purchase money was agreed to be paid at a day certain, which…
2Cases cited1 opinion
- Young v. TriplettCourt of Appeals of Kentucky · 1824
3Cited by12 opinions
- Kelly's Heirs v. AllenSupreme Court of Alabama · 1859
- Price v. CroneMississippi Supreme Court · 1870
- McElhaney v. GillelandSupreme Court of Alabama · 1857
- Wimberly v. DallasSupreme Court of Alabama · 1875
- Jones v. PullenSupreme Court of Alabama · 1880
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