Flinn v. Barber
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. J. Q. Smith. This action was brought by Mrs. M. L. Barber, tbe wife of John Barber, against Bunbury Flinn, and was commenced on tbe 4th January, 1876. Tbe complaint contained only the common counts for money bad and received, and money paid by plaintiff at defendant’s instance and request. The defendant pleaded the general issue, in short by consent, and issue was joined on that plea.
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. J. Q. Smith. This action was brought by Mrs. M. L. Barber, tbe wife of John Barber, against Bunbury Flinn, and was commenced on tbe 4th January, 1876. Tbe complaint contained only the common counts for money bad and received, and money paid by plaintiff at defendant’s instance and request. The defendant pleaded the general issue, in short by consent, and issue was joined on that plea. The money sued for, $1,000, was paid by the plaintiff to the defendant on the 10th January, 1870; aud for the plaintiff it was contended, that…
1Opinion of the CourtBbickell, C. J.
This action was brought by the appellee to recover one thousand dollars, money she had paid to the appellant, as part of the purchase-money of a tract of land; and the instructions to the jury, given by the Circuit Court, to which exceptions were reserved, rest her right of recovery on two grounds : first, that the agreement of sale was verbal, and the plaintiff not having been under it let into possession by the defendant, it was void by the operation of the statute of frauds, and she had the right to recover the money paid; second, that the defendant had not any title to, or estate in the…
2Cases cited12 opinions
- Blakey's Heirs v. Blakey'sSupreme Court of Alabama · 1859
- Scott v. BushMichigan Supreme Court · 1873
- Sims v. McEwen's Adm'rSupreme Court of Alabama · 1855
- Boynton v. SawyerSupreme Court of Alabama · 1860
- Gillespie v. BattleSupreme Court of Alabama · 1849
7 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Nelson v. Shelby Manufacturing & Improvement Co.Supreme Court of Alabama · 1893
- Prestwood v. CarltonSupreme Court of Alabama · 1909
- Craig v. WhiteCalifornia Supreme Court · 1921
- Birmingham Land & Loan Co. v. ThompsonSupreme Court of Alabama · 1888
- Tedder v. SteeleSupreme Court of Alabama · 1881
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