Martin v. Wharton
Supreme Court of Alabama
Appeal from the Circuit Court of Cherokee. Tried before the Hon. S. D. Hale. This action was brought by Jacob Wharton, against Jesse Martin; was founded on the defendant’s promissory note, under seal, for three hundred dollars, dated the 10th November, 1856, and payable on the 25th December, 1857 ; and was commenced on the 25th February, 1858, The defendant filed three special pleas, — the last of which averred a failure of consideration ; and the others were in the…
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Appeal from the Circuit Court of Cherokee. Tried before the Hon. S. D. Hale. This action was brought by Jacob Wharton, against Jesse Martin; was founded on the defendant’s promissory note, under seal, for three hundred dollars, dated the 10th November, 1856, and payable on the 25th December, 1857 ; and was commenced on the 25th February, 1858, The defendant filed three special pleas, — the last of which averred a failure of consideration ; and the others were in the following words: “1. For answer to the complaint, defendant says, that the note sued on was given in part jiayment of a tract of…
1Opinion of the CourtStone, J.
[1.] The second plea in this cause complains only of a misrepresentation of a matter of law, — a question alike open to both parties; and the demurrer to it was rightly sustained. — Townsend v. Cowles, 31 Ala. 428-35.
*641[2-3.] -The first plea claims a set-off by reason of an alleged incumbrance on the vendor’s title ; the incumbrance being an inchoate right of dower in the premises, existing and unrelinquished in the vendor’s wife. The averment of the plea is, that the vendor, as part consideration of the note sued on, agreed to procure the relinquishment of his wife’s dower, or, failing in…
2Cases cited7 opinions
- Holley v. YoungeSupreme Court of Alabama · 1855
- Gibson v. MarquisSupreme Court of Alabama · 1857
- Kelly's Heirs v. AllenSupreme Court of Alabama · 1859
- Townsend v. CowlesSupreme Court of Alabama · 1858
- Beavers v. SmithSupreme Court of Alabama · 1847
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Allen v. RichardSupreme Court of Missouri · 1884
- Carkonen v. AlbertsWashington Supreme Court · 1938
- Johnston & Seats v. Smith's Adm'rSupreme Court of Alabama · 1881
- Phillips v. AdamsSupreme Court of Alabama · 1881
- Dexter v. OhlanderSupreme Court of Alabama · 1889
13 more not listed; retrieve them via the Exa API.