Legal Opinion

Stringfellow v. Ivie

Supreme Court of Alabama

Decided December 15, 1882PublishedCited by 32 opinions

Appeal from Pickens Chancery Court. Heard before Hon. Thomas Cobbs. Bill in equity by Thomas J". Ivie against T. Stringfellow and N. M. Stringfellow, his wife, to enforce a vendor’s lien on. land for 'the payment of unpaid purchase-money.

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Appeal from Pickens Chancery Court. Heard before Hon. Thomas Cobbs. Bill in equity by Thomas J". Ivie against T. Stringfellow and N. M. Stringfellow, his wife, to enforce a vendor’s lien on. land for 'the payment of unpaid purchase-money. The debts alleged to be for the purchase-money are’evidenced by two promissory notes, each for $1000, executed by T. Stringfellow to ~W. ~W. Heard, and by Heard duly assigned to the complainant; and in each the consideration is expressed as “ part payment for a store-house and lot known as the Clitherall lot.” The defendants answered, setting up, among other…

1Opinion of the CourtBbickell, C. J.

— The motion to dismiss the appeal, and to strike out the assignments of error relating to the first interlocutory decree, must be overruled, on the authority of Walker v. Crawford, 70 Ala. 567.

The promissory notes made by Stringfellow, payable to Pleard, and assigned 'to the appellee, on their face express as the consideration upon which they were given, “ part payment for a store-house and lot, known as the Clitherall lot.” The expression or recital is not conclusive, and parol evidence is admissible to show a want of consideration, or any other additional consideration of value. General or…

2Cases cited6 opinions

  1. Bankhead v. OwenSupreme Court of Alabama · 1877
  2. Coster's Ex'rs v. Bank of GeorgiaSupreme Court of Alabama · 1853
  3. Walker v. CrawfordSupreme Court of Alabama · 1881
  4. Wilkerson v. TillmanSupreme Court of Alabama · 1880
  5. Russell v. McCormickSupreme Court of Alabama · 1871

1 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. Manning v. PippenSupreme Court of Alabama · 1888
  2. Reeder v. CoxSupreme Court of Alabama · 1928
  3. Mobile Savings Bank v. McDonnellSupreme Court of Alabama · 1889
  4. Peters v. TunellSupreme Court of Minnesota · 1890
  5. Koch v. RothIllinois Supreme Court · 1894

27 more not listed; retrieve them via the Exa API.

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