Meredith v. Naish
Supreme Court of Alabama
This was an action of assumpsit, tried in the County Court of Shelby county, at August term, 1828. The action was brought by A. Naish against D. Meredith, to recover $200, as a balance of purchase money due by Meredith on a purchase of land.
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This was an action of assumpsit, tried in the County Court of Shelby county, at August term, 1828. The action was brought by A. Naish against D. Meredith, to recover $200, as a balance of purchase money due by Meredith on a purchase of land. The first count of the declaration charged that the plaintiff Naish, was in August, 1826, lawfully possessed of a certain section of land, &c.; that the defendant bargained with him for the purchase of said land for the sum of $1000; that the defendant executed his notes for $800, and agreed to pay the plaintiff the remaining $200, on condition that the…
1Opinion of the Court
By JUDGE TAYLOIl.
There is no averment in the declaration that Meredith had been put in possession of the land by Naish, or that he had ever had the possession by virtue of the purchase; it is true that the second count-in describing the agreement, states that the plaintiff bargained, sold and delivered the land to the defendant, but this general description of the contract can, by no legal rule, be admitted to embrace an averment of a substantive fact, without which there cannot be a recovery.
A special averment that the defendant enjoyed the possession of the land under the contract, and…
2Cases cited1 opinion
- Allen v. BookerSupreme Court of Alabama · 1829
3Cited by6 opinions
- Nelson v. Shelby Manufacturing & Improvement Co.Supreme Court of Alabama · 1893
- Gillespie v. BattleSupreme Court of Alabama · 1849
- Brewer v. BrewerSupreme Court of Alabama · 1851
- Cope v. WilliamsSupreme Court of Alabama · 1842
- Rhodes' Administrators v. StorrSupreme Court of Alabama · 1845
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