Allender v. Evans-Smith Drug Co.
Court Of Appeals Of Indian Territory
Appeal from the United States court for the Southern district. Hosea Townsend, Judge. Action by the Evans-Smith Drug Company against U. S. Allender. Judgment for plaintiff. Defendant ap-. peals.
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Appeal from the United States court for the Southern district. Hosea Townsend, Judge. Action by the Evans-Smith Drug Company against U. S. Allender. Judgment for plaintiff. Defendant ap-. peals. On the 4th day of May, 1898, the appellee filed in the United States court for the Southern district of the Indian Territory, at Pauls Valley, its suit in equity against the appellant, setting up that the appellant was justly indebted to it in the sum of $431 for goods, wares, and merchandise sold and delivered to him at his special instance and request; that said indebtedness was long past due., and…
1Opinion of the CourtClayton, J.
In this case there are nine specifications of error filed with the brief. Without setting them out in full, we deem it sufficient to say that they present for our consideration but three questions of law. It is contended First, that the agreement to execute the mortgage was without consideration, because it was to be executed to secure the payment of a pre-existing indebtedness without other or further consideration; second, that the agreement, *632being oral, and for the sale of an interest in and concerning lands, tenements, and hereditaments, and without part performance on the part of the…
2Cases cited7 opinions
- National Bank v. WhitneySupreme Court of the United States · 1881
- McCarty v. BrackenridgeCourt of Appeals of Texas · 1892
- Irvine v. ArmstrongSupreme Court of Minnesota · 1883
- Bridgeport Electric & Ice Co. v. MeaderCourt of Appeals for the Fifth Circuit · 1895
- King v. WilliamsSupreme Court of Arkansas · 1899
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3Cited by3 opinions
- Taylor v. MathewsSupreme Court of Florida · 1907
- Wilson v. BeatyCourt of Appeals of Texas · 1919
- Reigel v. WoodSupreme Court of Oklahoma · 1924