Collins v. Greene
Supreme Court of Alabama
Action on Written Contract; Plea, Set-off. Appeal from DeKalb Circuit Court. Tried before Hon. Lewis Wyeth. The material facts of the case are given in the opinion of the court, and it is only necessary to set out bere a part of the pleadings, and the charges of the court. The defendant filed ten pleas. The substance of the 3d, 8th, 9th, and 10th pleas are given in the opinion.
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Action on Written Contract; Plea, Set-off. Appeal from DeKalb Circuit Court. Tried before Hon. Lewis Wyeth. The material facts of the case are given in the opinion of the court, and it is only necessary to set out bere a part of the pleadings, and the charges of the court. The defendant filed ten pleas. The substance of the 3d, 8th, 9th, and 10th pleas are given in the opinion. Plaintiff demurred to the 3d plea, because’it set up a separate and distinct contract from the one sued on, and between different parties, and demurred to the eighth, ninth, and tenth pleas on these grounds, and also,…
1Opinion of the CourtStone, J.
— Collins, as the executor of George, on bill filed against one Walker, obtained a decree to sell lands, in payment of the purchase-money thereof, due to his testator’s estate. The lands were sold by the register in 1870, and Haralson became the purchaser at the price of four thousand dollars. He failed to pay the purchase-money, and litigation grew up between him and Collins in regard to it. Collins was moving to have an order of resale; and Haralson, claiming that he had paid the purchase-money, filed a bill and obtained an injunction, enjoining a second sale. Haralson had also filed…
2Cases cited11 opinions
- Hutton v. WilliamsSupreme Court of Alabama · 1860
- Harbin v. LeviSupreme Court of Alabama · 1844
- Tomkies v. ReynoldsSupreme Court of Alabama · 1849
- Sledge v. Swift, Murphy & Co.Supreme Court of Alabama · 1875
- Robinson v. GarthSupreme Court of Alabama · 1844
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Conner & Wife v. SmithSupreme Court of Alabama · 1889
- Dickson v. McLarneySupreme Court of Alabama · 1892
- Leach v. GraySupreme Court of Alabama · 1917
- Hembree v. GloverSupreme Court of Alabama · 1890
- Craft v. CraftSupreme Court of Alabama · 1923
1 more not listed; retrieve them via the Exa API.