Auerbach v. Pritchett
Supreme Court of Alabama
Appeal from tbe Chancery Court of Coffee. Heard before tbe Hon. Hubiosco Austill. Tbis was a bill filed by appellants, Tbeo. H. Auerbacb and Martha Clements, administratrix of one P. B. Clements, deceased, against L. W. Pritchett, appellee.
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Appeal from tbe Chancery Court of Coffee. Heard before tbe Hon. Hubiosco Austill. Tbis was a bill filed by appellants, Tbeo. H. Auerbacb and Martha Clements, administratrix of one P. B. Clements, deceased, against L. W. Pritchett, appellee. The bill avers that P. E. Clements, in his life time, sold and conveyed to said Pritchett certain lands in Coffee county, for which he took two obligations from said Pritchett, one of which has been discharged, the other being as follows : “ By first of December, 1875,1 promise to pay P. E. Clements, or bearer, the amount of cotton raised on fifty acres of…
1Opinion of the CourtStone, J.
The £ cotton obligation,’ or promise to pay cotton, is not a promissory note, and is not one of the contracts enumerated in section 2890 of the Code of 1876, on which actions “must be prosecuted in the name of the party really interested, whether he has the legal title or not.” This *456is not a contract for the payment of money, but an obligation to cultivate land in cotton, and deliver the product to the payee, Clements. The legal title to the paper, and the right to sue upon it, passed to, and vested in Mrs. Clements, when she was appointed administratrix of her deceased husband. Between the…
2Cases cited6 opinions
- Watts v. GayleSupreme Court of Alabama · 1852
- David v. ShepardSupreme Court of Alabama · 1867
- Traun v. KeifferSupreme Court of Alabama · 1857
- Sands & Co. v. Matthews, Finley & Co.Supreme Court of Alabama · 1855
- Nelson v. StateSupreme Court of Alabama · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Talmadge's Adm'r v. TalmadgeSupreme Court of Alabama · 1880
- Krumenacker v. AndisNorth Dakota Supreme Court · 1917
- Ex Parte E. C. Payne Lumber Co.Supreme Court of Alabama · 1920
- Anderson & Co. v. JonesSupreme Court of Alabama · 1893
- Weil v. Travelers' Ins. Co.Alabama Court of Appeals · 1916
5 more not listed; retrieve them via the Exa API.