Maness v. Henry
Supreme Court of Alabama
Appeal from the Circuit Court of Marshall. Tried before the Hon. JOHN B. Tally. This action was brought by the appellee, A. G. Henry, against the appellant, George L. Maness; and was founded on the defendant’s promissory note for $225, dated January 27, 1886, and payable to plaintiff one day after date. The defendant pleaded the general issue, and also several special pleas.
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Appeal from the Circuit Court of Marshall. Tried before the Hon. JOHN B. Tally. This action was brought by the appellee, A. G. Henry, against the appellant, George L. Maness; and was founded on the defendant’s promissory note for $225, dated January 27, 1886, and payable to plaintiff one day after date. The defendant pleaded the general issue, and also several special pleas. The second plea, — after alleging that, before the execution of the note sued on, one Shields purchased a certain tract of land, on which the vendor retained a lien for the unpaid purchase-money, erected thereon a…
1Opinion of the Court
'WALKER, J.
We will notice only such rulings of the Circuit Court on the plaintiff’s demurrers to the defendant’s pleas as are claimed in the argument for the appellant to have been erroneous. Without reviewing the grounds of demurrer in detail, the following statement in reference to the several pleas which are noticed in the argument will be sufficient: *(1.) The agreement relied on in the second plea was to the effect, that in the event of a sale of the land therein mentioned for unpaid purchase-money, the plaintiff would furnish the money to buy it in. It is not averred that the plaintiff…
2Cases cited1 opinion
- Powell v. ThompsonSupreme Court of Alabama · 1885
3Cited by13 opinions
- Moore v. WilliamsonSupreme Court of Alabama · 1925
- King v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1911
- Hamilton v. EdmundsonSupreme Court of Alabama · 1937
- Moore v. WilliamsonSupreme Court of Alabama · 1923
- Worthington v. DavisSupreme Court of Alabama · 1922
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