King v. Mosely
Supreme Court of Alabama
Error to the Circuit Court of Dallas. John Mosely, defendant in error, brought an action, in the oir-cuit court of Dallas, aga'nst the plaintiffs in error, as adminstra-tors of Lloyd Barns, deceased, upon a bond, dated 4th December, 1832, executed by Henry W. Barnes, with Martha M. Barnes, his wife, and the said Lloyd Barnes, deceased, for the payment of twenty-eight hundred dollars, to said'Mosely, with a condition under written; whereby, after reciting to the effect, that…
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Error to the Circuit Court of Dallas. John Mosely, defendant in error, brought an action, in the oir-cuit court of Dallas, aga'nst the plaintiffs in error, as adminstra-tors of Lloyd Barns, deceased, upon a bond, dated 4th December, 1832, executed by Henry W. Barnes, with Martha M. Barnes, his wife, and the said Lloyd Barnes, deceased, for the payment of twenty-eight hundred dollars, to said'Mosely, with a condition under written; whereby, after reciting to the effect, that said Mosely, together with Mary .and Clement Mosely, had that day executed three promissory notes to the said Henry W.…
1Opinion of the Court
CLAY, J
1. The question, whether the court below erred, in overruling the demurrer to the declaration, rests upon the legal effect of the bond, on which the action is founded. The bond was given by Henry W. Barnes, with Martha M. Barnes, his wife, and Lloyd Bams, the intestate of the plaintiffs in error, to the defendant in error, in the penal sum of $2800, conditioned for the conveyance by the said Henry W, and Martha M, of title to certain lands in South Carolina, on the payment of a certain sum, being the consideration for said lands, by the said John Mosely. The declaration avers the…
2Cited by13 opinions
- Fretwell v. McLemoreSupreme Court of Alabama · 1875
- McDowell v. JonesSupreme Court of Alabama · 1877
- Moore v. StephensSupreme Court of Alabama · 1956
- Pinkston v. HuieSupreme Court of Alabama · 1846
- Travis v. TarttSupreme Court of Alabama · 1845
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