Gillespie v. Battle
Supreme Court of Alabama
Error to the County Court of Pickens. Before the Hon. Samuel A. Gilkey, Judge, Thjs was an action on a promissory note, by defendant, against plaintiffs in. error. Pleas — 1. Non-assumpsit. 2. Fraud. 3. The statute of frauds. 4. Want of consideration. 5. That note was given for land, and that defendant in error promised at the time it was given, to execute a bond for titles, which he has failed to do.
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Error to the County Court of Pickens. Before the Hon. Samuel A. Gilkey, Judge, Thjs was an action on a promissory note, by defendant, against plaintiffs in. error. Pleas — 1. Non-assumpsit. 2. Fraud. 3. The statute of frauds. 4. Want of consideration. 5. That note was given for land, and that defendant in error promised at the time it was given, to execute a bond for titles, which he has failed to do. The defendant in error took issue on the first and fourth pleas, and demurred to each of the others, and the court sustained his demurrer. A bill of exceptions was sealed at the trial, from…
1Opinion of the CourtChilton, J.
The main question in this case is, whether the plaintiff in error can defend against a promissory note given in part pay for a tract of land, upon the ground that there was no note or memorandum of the sale executed as required by the statute of frauds. It appears that the contract for the sale of the land was by parol; that the purchaser took possession of the premises under the contract, and still retains it, and the only writing which passed between them is the note now in suit, which was given for a part of the purchase money.
The notéis made payable to “Alfred Battle, Adm’r,” &c., but it…
2Cases cited14 opinions
- Violett v. PattonSupreme Court of the United States · 1809
- Townsley v. SumrallSupreme Court of the United States · 1829
- Shaw v. ShawSupreme Court of Vermont · 1834
- Ewing v. TeesSupreme Court of Pennsylvania · 1808
- Patterson v. WareSupreme Court of Alabama · 1846
9 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Pearson v. DarringtonSupreme Court of Alabama · 1858
- Carter v. ChambersSupreme Court of Alabama · 1885
- Nelson v. Shelby Manufacturing & Improvement Co.Supreme Court of Alabama · 1893
- Prestwood v. CarltonSupreme Court of Alabama · 1909
- Cooper v. HornsbySupreme Court of Alabama · 1881
17 more not listed; retrieve them via the Exa API.