Johnson v. Collins
Supreme Court of Alabama
Error to tbe Circuit Court of Marengo. Tried before tbe Hon. Jbbn D. Pbelan. Tbis was an action of debt, brought by John Collins against Johnson and wife, on a bond executed by James Martin and Sarah Martin, now tbe wife of tbe defendant Johnson, whereby they bound themselves to John Collins in the penal sum of thirty-two hundred dollars, with a condition, to be void if the obligors, within a reasonable time, should make or cause to be made unto the obligee a good and lawful…
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Error to tbe Circuit Court of Marengo. Tried before tbe Hon. Jbbn D. Pbelan. Tbis was an action of debt, brought by John Collins against Johnson and wife, on a bond executed by James Martin and Sarah Martin, now tbe wife of tbe defendant Johnson, whereby they bound themselves to John Collins in the penal sum of thirty-two hundred dollars, with a condition, to be void if the obligors, within a reasonable time, should make or cause to be made unto the obligee a good and lawful title, free from all incumbrances, to a certain tract of land described in the condition of said bond. On the trial it…
1Opinion of the CourtDargan, C. J.
The obligation on which this suit is btought is subject to the condition, that if the obligors, James and Sarah Martin, should, within a reasonable time, malee or cause to le made unto the obligee, John Collins, a good and lawful title to the lands therein described, then the bond should be void. This being the condition, it is manifest that it has not been completely performed. James Martin alone executed a deed to the obligee, and this deed conveyed to him no title, because Martin, himself, had none. The rule is, that when several are bound by an executory contract to make titles to the…
2Cases cited1 opinion
- Cullum v. Branch of the Bank of AlabamaSupreme Court of Alabama · 1842
3Cited by5 opinions
- Carter v. BeckSupreme Court of Alabama · 1867
- J. F. Morgan Paving Co. v. CarrollSupreme Court of Alabama · 1924
- Rose v. American Paper Co.Supreme Court of New Jersey · 1912
- Cox v. Knight's AdministratorSupreme Court of Alabama · 1873
- Lane v. ZiemerIndiana Supreme Court · 1912