Lewis v. Br. Bank at Montgomery
Supreme Court of Alabama
WRIT of error to the Circuit Court of Russell. The defendant in error declared against the plaintiffs, in as-sumpsit, upon a promissory note, which is described as being dated the fifteenth day of December, 1840, payable twelve months after date, for the payment of two thousand three hundred and twenty-seven dollars and twenty-two cents, for the account of section 16, township 16, range 29, Russell county, negotiable and payable at the Branch of the Bank of the State of…
Read the full summary
WRIT of error to the Circuit Court of Russell. The defendant in error declared against the plaintiffs, in as-sumpsit, upon a promissory note, which is described as being dated the fifteenth day of December, 1840, payable twelve months after date, for the payment of two thousand three hundred and twenty-seven dollars and twenty-two cents, for the account of section 16, township 16, range 29, Russell county, negotiable and payable at the Branch of the Bank of the State of Alabama at Montgomery. The defendants pleaded, that the note declared on, was given in consideration of the purchase of the…
1Opinion of the CourtCollier, C. J.
The legal sufficiency of the pleaj depends upon the interpretation of the first section of the act of 1843, “for the relief of the purchasers of sixteenth sections,” [Clay’s Dig. 529, § 49,] which is as follows: “Whenever a sale has been made of a sixteenth section, or part thereof, and such sale cannot by reason of the insolvency of the purchaser or purchasers, of from other cause, be made productive, a majority of the voters of said township, voting in township meeting, upon due notice given, shall have power, with the assent of the purchaser or purchasers, to annul or cancel the contract…
2Cited by2 opinions
- Trustees of University v. MoodySupreme Court of Alabama · 1878
- Allen v. State BankSupreme Court of Alabama · 1849