Skipper v. Stokes
Supreme Court of Alabama
Appeal from the Circuit Court of Henry county. Tried before the Hon. H. D. Clayton. This action was brought by James W. Stokes, against Patrick B. Skipper; was founded upon certain accounts transferred to the plaintiff as hereinafter stated ; and was commenced on the 28th February, 1861. The defendant demurred to the complaint as the bill of exceptions taken by the defendant states, upon the ground that the plaintiff had but an equitable interest, as the agreement declared…
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Appeal from the Circuit Court of Henry county. Tried before the Hon. H. D. Clayton. This action was brought by James W. Stokes, against Patrick B. Skipper; was founded upon certain accounts transferred to the plaintiff as hereinafter stated ; and was commenced on the 28th February, 1861. The defendant demurred to the complaint as the bill of exceptions taken by the defendant states, upon the ground that the plaintiff had but an equitable interest, as the agreement declared on was only executory. Tire court overruled the demurrer, and defendant excepted. A portion of the accounts upon which…
1Opinion of the CourtJudge, J.
These cases constitute an appeal and a cross appeal, and both are to be tried on the same record.
The principle settled in Purcell’s Adm’r v. Mather, 35 Ala. 570, is decisive of the main question involved in the litigation between the present parties. That' principle is, that a mere possibility or expectancy, not coupled with any interest in, or growing out of property, cannot be made the subject of a valid sale. In the language of Chancellor Kent, “the thing sold must have an actual or political existence, and be specific or identified, and capable of delivery; otherwise it is not strictly a…
2Cases cited4 opinions
- Purcell's Adm'r v. MatherSupreme Court of Alabama · 1860
- Robinson & Caldwell v. MauldinSupreme Court of Alabama · 1847
- Todd v. ToddSupreme Court of Alabama · 1849
- Bunnell v. MageeSupreme Court of Alabama · 1846
3Cited by12 opinions
- Burns v. CampbellSupreme Court of Alabama · 1882
- Taylor v. Barton Child Co.Massachusetts Supreme Judicial Court · 1917
- Kane v. CloughMichigan Supreme Court · 1877
- First Nat. Bank v. CashSupreme Court of Alabama · 1929
- Speilberger Bros. v. BrandesAlabama Court of Appeals · 1912
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