Gidley v. Gidley
Supreme Court of Alabama
Appeal from Circuit Court, Etowah County ; John H. Disque, Judge. 'Suit by Elizabeth Gidley against J. T. Gidley and others. From judgment for plaintiff, defendants appeal. Transferred from Court of Appeals under Acts 1911, p. 449, § 6.
1Opinion of the CourtSayre, J.
[1] Plaintiff (appellee) sued defendant Gidley on a promissory note. In plea 7 defendant, in substance, set up that the consideration for which the note was given had failed, in that the same was given by defendant to plaintiff for the purchase of certain 40 acres of land-and plaintiff had no title and failed and refused to deliver possession of the land to defendant. This plea obviously was not subject to the demurrer which invoked the doctrine — we state it in its most general form — that th'e purchaser cannot resist an action at law on a note given for the purchase money so long as he…
2Cases cited2 opinions
- Sivoly v. ScottSupreme Court of Alabama · 1876
- Gillham v. WalkerSupreme Court of Alabama · 1902
3Cited by1 opinion
- Fidelity Casualty Co. of New York v. RabornSupreme Court of Alabama · 1937