Rinaldi v. Rives
Supreme Court of Alabama
Rives brought an action of debt, in the Circuit Court of Dallas county, in August, 1822. against Rinaldi on a promissory note, for g>150, dated 6th September, . 1820,. payable 12th November, 1821. Rinaldi pleaded nil debeti and a special plea, alleging that he gave said note to the plaintiff to secure the payment of part of lot No. 34, in the town of Cahawba, before that time .purchased by him of Rives ; that said lot was sold by the State of Alabama, at public sale,…
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Rives brought an action of debt, in the Circuit Court of Dallas county, in August, 1822. against Rinaldi on a promissory note, for g>150, dated 6th September, . 1820,. payable 12th November, 1821. Rinaldi pleaded nil debeti and a special plea, alleging that he gave said note to the plaintiff to secure the payment of part of lot No. 34, in the town of Cahawba, before that time .purchased by him of Rives ; that said lot was sold by the State of Alabama, at public sale, agreeably to law, in May, 1819, for $-; that on the 28th November, 1821, an act of the General Assembly was passed, entitled “…
1Opinion of the Court
By JUDGE WHITE.
By the 6th section of the act 1821, referred to, it is enacted that purchasers to obtain the benefit of its provisions, shall sign and file in the office of the Secretary of State, by the 20th of May, 1822, a declaration in writing, expressing their consent to the same, and that they shall pay to the Secretary for receiving, recording and filing the same, one dollar. If then the plaintiff below availed himself of the provisions of said act, as alleged in the second plea, there 'must have been written, if not record, evidence of that fact, accessible to the plaintiff in error,…
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- Hatfield v. MontgomerySupreme Court of Alabama · 1835