Legal Opinion

Mobile & Montgomery Railway Co. v. Wilkinson

Supreme Court of Alabama

Decided December 15, 1882PublishedCited by 10 opinions

Appeal from the Circuit Court of Butler. Tried before the Hon. JaMes E. Cobb. cited Mead v. Steger, 5 Porter, 498; Adams v. Thomas, 54 Ala. 175; Paysant v. Ware dé Barringer, 1 Ala. 160; Beard v. White, 1 Ala. 436; TIai/r v. LaBrouse, 10 Ala. 548; Murphy v. Br. Bank, 16 Ala. 90; Evans v. Bell, 20 Ala. 509; Bryant v. Stephens, 58 Ala. 636; Couch v. Woodji'uff, 63 Ala. 466; 1 Greenl. Ev. §§ 285, 304.

1Opinion of the CourtSomerville, J.

The question presented is one of estoppel, based on the recital of a particular consideration in a deed. In August, 1880, Wilkinson, tire appellee, and his wife, conveyed to the appellant railroad company a certain lot, or parcel of land, in the town of Greenville. The consideration of the deed is recited to have been the sum of “ one dollar ” paid to the grantors, and “ the benefits which will arise to the grantors from the ownership by the grantee of the property [therein] conveyed.”

It was proposed by the plaintiff, on the trial, to show by parol testimony another consideration for the…

2Cases cited11 opinions

  1. Wilkinson v. ScottMassachusetts Supreme Judicial Court · 1821
  2. Davenport v. MasonMassachusetts Supreme Judicial Court · 1818
  3. Henry v. Murphy & Co.Supreme Court of Alabama · 1875
  4. Goodspeed v. FullerSupreme Judicial Court of Maine · 1858
  5. McGehee v. RumpSupreme Court of Alabama · 1861

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3Cited by10 opinions

  1. Manning v. PippenSupreme Court of Alabama · 1888
  2. London v. G. L. Anderson Brass WorksSupreme Court of Alabama · 1916
  3. Ohmer v. BoyerSupreme Court of Alabama · 1889
  4. Mobile Savings Bank v. McDonnellSupreme Court of Alabama · 1889
  5. Hamaker v. CoonsSupreme Court of Alabama · 1897

5 more not listed; retrieve them via the Exa API.

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