Turlington v. Slaughter
Supreme Court of Alabama
Appeal from Circuit Court of Dale. Tried before Hon. J. McCaleb Wiley. The appellee, Slaughter, brought this action against the appellant, Turlington, to recover money paid him by mistake, &c. Slaughter had purchased lands of Turlington, and the latter filed his bill in chancery to enforce the vendor’s lien, obtained a decree pro confesso, and an order of sale.
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Appeal from Circuit Court of Dale. Tried before Hon. J. McCaleb Wiley. The appellee, Slaughter, brought this action against the appellant, Turlington, to recover money paid him by mistake, &c. Slaughter had purchased lands of Turlington, and the latter filed his bill in chancery to enforce the vendor’s lien, obtained a decree pro confesso, and an order of sale. Portions of the record of the chancery suit were shown to have been lost, but the testimony introduced showed that the amount due on the unpaid purchase money was ascertained, by a reference to the register, whose report was confirmed…
1Opinion of the CourtBrickell, C. J.
The statute (R. C. § 2756,) requires that charges to the jury, moved for by either party, must be in writing. The record does not disclose that the several charges moved for by the appellant were in writing. If they asserted proper legal principles, applicable to the evidence, we must presume to support the judgment of the circuit court, they were refused because not in writing, rather than put the court in error by presuming they were written.—McKeithen v. Pratt, 53 Ala.; Hollingsworth v. Chapman, ante, 54 Ala. 7.
Money paid in ignorance, or under mistake of facts, may be recovered…
2Cases cited8 opinions
- Rutherford v. McIvorSupreme Court of Alabama · 1852
- Vance v. Wells & Co.Supreme Court of Alabama · 1845
- Bentley v. MorseNew York Supreme Court · 1817
- Binck v. WoodNew York Supreme Court · 1864
- Wilson v. SergeantSupreme Court of Alabama · 1848
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Thompson v. HudginsSupreme Court of Alabama · 1896
- Grimball v. MastinSupreme Court of Alabama · 1884