Reid v. Davis
Supreme Court of Alabama
Weit of error to the Circuit Court of Lowndes. This was an action of assumpsit on a promissory note made by the plaintiff in error, on the 11th November, 1837, for the payment, to the defendant, on the 1st of March, 1841, of the sum of three hundred and forty dollars. The cause was tried on the pleas of non assu?npsit, failure of consideration and fraud. On the trial the defendant below excepted to the ruling of the Court.
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Weit of error to the Circuit Court of Lowndes. This was an action of assumpsit on a promissory note made by the plaintiff in error, on the 11th November, 1837, for the payment, to the defendant, on the 1st of March, 1841, of the sum of three hundred and forty dollars. The cause was tried on the pleas of non assu?npsit, failure of consideration and fraud. On the trial the defendant below excepted to the ruling of the Court. It was proved that the note declared on, was given for the purchase of a tract of land, by the defendant of the plaintiff, and that the latter had executed a bond to the…
1Opinion of the Court
COLLIER, C. .T.
1. The fact that the defendant below never was in the actual occupancy of the land which he had purchased, cannot relieve him from liability to pay the purchase money. His contract gave him the right of entry and enjoyment, and these invested him with the constructive possession. [Bliss’ adm’r v. Yancey, 1 Ala. Rep. N. S. 273; Clements v. Loggins, 1 Ala. Rep. N. S. 622; Fitzpatrick et al v. Featherstone & McDougald, 3 Ala. Rep. 40.] ft is not pretended that there was any adverse occupancy; and this being the case, it ■was not incumbent on the plaintiff to put the defendant into…
2Cases cited4 opinions
- Steele v. KinkleSupreme Court of Alabama · 1842
- Clay v. DennisSupreme Court of Alabama · 1842
- Fitzpatrick v. FeatherstoneSupreme Court of Alabama · 1841
- George v. StocktonSupreme Court of Alabama · 1840
3Cited by6 opinions
- Loventhal v. Home InsuranceSupreme Court of Alabama · 1895
- Gentry v. RogersSupreme Court of Alabama · 1867
- Forrester v. GranberrySupreme Court of Alabama · 1924
- Wimbish v. Montgomery Mutual Building & Loan Ass'nSupreme Court of Alabama · 1881
- Manning v. North British & Mercantile InsuranceMissouri Court of Appeals · 1907
1 more not listed; retrieve them via the Exa API.