Allen v. Greene
Supreme Court of Alabama
ERROR to tbe Circuit Court of Benton. Tried before the Hon. Thomas A. Walker. Contract is to be construed most strongly against party giving instrument. — Pitman on Prin. & Sur. 38, (mar. 27,) 30 L„ Lib.; Platt on Cor., 3 ib. 63. The legal effect of the bond is an obligation to obtain titles and make them to plaintiff’s intestate, in a reasonable time, and the three years which elapsed upon the death of intestate was more than a reasonable time. — Garnett v. Yoe, 16 Ala. 74;…
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ERROR to tbe Circuit Court of Benton. Tried before the Hon. Thomas A. Walker. Contract is to be construed most strongly against party giving instrument. — Pitman on Prin. & Sur. 38, (mar. 27,) 30 L„ Lib.; Platt on Cor., 3 ib. 63. The legal effect of the bond is an obligation to obtain titles and make them to plaintiff’s intestate, in a reasonable time, and the three years which elapsed upon the death of intestate was more than a reasonable time. — Garnett v. Yoe, 16 Ala. 74; Platt on Cor. 145; 3 L. Lib. 65. The bond was an independent covenant, and the right of action did not depend upon the…
1Opinion of the CourtD Argan, C. J.
This was an 'action of covenant brought by the plaintiff, as administrator of ’Lecel Bruton, on a bond payable to the intestate in the penal sum of four thousand dollars, which was executed by Resen 'R. Chilton and the defendant. The bond is subject to the following condition: “ that whereas, the said Resen R. Chilton had bargained and sold unto the said Lecel Bruton, a tract of land, being the south-east quarter of section fifteen, township fifteen, range six east, containing one hundred and sixty acres more or less : Now we the above bounden are to make unto the said Lecel Bruton, a good…
2Cited by10 opinions
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- Jesse v. CaterSupreme Court of Alabama · 1856
- Wallace v. PerelesWisconsin Supreme Court · 1901
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