Mitchell v. Hickman
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County ; C. B. Smith, Judge. Action by W. P. Hickman against D. E. Mitcbell to recover balance of purchase money for sale of land. From a judgment for plaintiff defendant appeals. The purchaser of mortgaged premises does not become personally liable for the debts secured, unless there is a special contract to pay such incumberance. 2 Devlin, R. E. § 1047; 124 Mass. 254, 26 Am.
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Appeal from Circuit Court, Jefferson County ; C. B. Smith, Judge. Action by W. P. Hickman against D. E. Mitcbell to recover balance of purchase money for sale of land. From a judgment for plaintiff defendant appeals. The purchaser of mortgaged premises does not become personally liable for the debts secured, unless there is a special contract to pay such incumberance. 2 Devlin, R. E. § 1047; 124 Mass. 254, 26 Am. Rep. 659. The undertaking of one person to pay the debt due from another, based on a valuable consideration, inures to the benefit of the original payee, and suit may be brought by…
1Opinion of the CourtGardner, J.
The only questions presented upon this appeal relate to the sufficiency of counts 4 and 5 as against the assignments of demurrer interposed thereto. Count 5 is one of the common counts as upon an account, and is substantially in Code form. Two assignments of demurrer are directed to this count; the first, that it does not show the nature of the demand sued on. It requires no discussion to disclose the lack of merit in this' assignment. Evidently something is omitted from the second assignment, as in its present form it is unintelligible. It is too clear for discussion, therefore, that this…
2Cases cited2 opinions
- Coleman & Carroll v. Hatcher & BrannonSupreme Court of Alabama · 1884
- North Alabama Development Co. v. ShortSupreme Court of Alabama · 1893
3Cited by7 opinions
- Continental Casualty Co. v. BrawnerSupreme Court of Alabama · 1933
- Segall v. LoebSupreme Court of Alabama · 1928
- Ewing v. Bay Minette Land Co.Supreme Court of Alabama · 1936
- Whittle v. ClarkSupreme Court of Alabama · 1929
- Waters v. BlackmonSupreme Court of Alabama · 1934
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