Byrd v. Odem
Supreme Court of Alabama
Writ of Error to the Court of Chancery sitting in Russell. The defendant in error exhibited his bill against the plaintiff, setting forth that the latter, in |836, purchased of Peter V. Guerry, fractional section number sixteen, in township eighteen, and range thirty, and the east half of section seventeen, in the samo township and range, containing in all about six hundred and thirty acres, situate in the county of Russell, for the sum of six thousand three hundred dollars,…
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Writ of Error to the Court of Chancery sitting in Russell. The defendant in error exhibited his bill against the plaintiff, setting forth that the latter, in |836, purchased of Peter V. Guerry, fractional section number sixteen, in township eighteen, and range thirty, and the east half of section seventeen, in the samo township and range, containing in all about six hundred and thirty acres, situate in the county of Russell, for the sum of six thousand three hundred dollars, to to be paid at certain times stipulated between the vendor and vendee. Pursuant to his purchase, the defendant below…
1Opinion of the CourtCollier, C. J.
The possession by the complainant, of the premises in question, under a verbal contract of sale— making valuable improvements thereon with* the assent and co-operation of the defendant, the execution of a receipt by the latter for a large sum of money in part payment of an undivided half of the land purchased by the defendant of Peter T. Guerry, and the acceptance by him of the complainant’s note for the residue of the purchase money, are quite sufficient to take the case out of the statute of frauds.
In respect to the advance of money or other ground of indebtedness, it is enough to say, that…
2Cases cited4 opinions
- Karthaus v. Yllas Y FerrerSupreme Court of the United States · 1828
- Roosevelt v. ThurmanNew York Court of Chancery · 1814
- Richards v. Brockenbrough's administratorSupreme Court of Virginia · 1823
- Stevens v. PearsonSupreme Court of Vermont · 1833
3Cited by21 opinions
- Southern Energy Homes, Inc. v. LeeSupreme Court of Alabama · 1999
- Boardman v. ThompsonSupreme Court of Iowa · 1868
- Garner v. PrewittSupreme Court of Alabama · 1858
- Curran v. PhiladelphiaSupreme Court of Pennsylvania · 1919
- Pulliam v. OwenSupreme Court of Alabama · 1854
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