Hargrave v. Melbourne & Troy
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by J. S. Melbourne and R. M. Troy, suing as partners, against A. J. Hargrave and C. E. Newman; and was commenced on tbe 2d June, 1887. The complaint contained tbe common count for money bad and received, claiming f1,000 which tbe plaintiffs bad paid to tbe defendants on tbe 11th December, 1886; and several special counts, each of which claimed $1,000 as damages for the…
Read the full summary
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by J. S. Melbourne and R. M. Troy, suing as partners, against A. J. Hargrave and C. E. Newman; and was commenced on tbe 2d June, 1887. The complaint contained tbe common count for money bad and received, claiming f1,000 which tbe plaintiffs bad paid to tbe defendants on tbe 11th December, 1886; and several special counts, each of which claimed $1,000 as damages for the defendants’ breach, as alleged, of their oral promise and agreement to sell and convey to plaintiffs, by good and sufficient…
1Opinion of the CourtSomerville, J.
The deed of December 11th, 1886, from Hargrave & Newman, to the plaintiffs, Melbourne & Troy, is perfect on its face, and bears no evidence on the *273face of the paper itself that Mrs. Hargrave, the wife of one of the grantors, was to unite in its execution. It was not competent, therefore, to prove by parol evidence, that it was delivered to Troy, one of the grantees, as an escrow, not to operate as a deed until it was completed by the signature of Mrs. Hargrave, or to be evidence merely of the receipt of the purchase-money of the land from the grantees. This would be a manifest infringement to…
2Cases cited4 opinions
- Anderson v. KnoxSupreme Court of Alabama · 1852
- Shelby v. TardySupreme Court of Alabama · 1887
- Cherry, Smith & Co. v. HerringSupreme Court of Alabama · 1887
- Parker v. MarksSupreme Court of Alabama · 1886
3Cited by6 opinions
- Randolph v. RandolphSupreme Court of Alabama · 1944
- Jones v. First Nat. BankSupreme Court of Alabama · 1921
- Strickland v. GriswoldSupreme Court of Alabama · 1906
- Vary v. SmithSupreme Court of Alabama · 1909
- Garner v. Fite, Porter, Lyles & Co.Supreme Court of Alabama · 1890
1 more not listed; retrieve them via the Exa API.