Forward v. Armstead
Supreme Court of Alabama
Writ of Error to the Court of Chancery for the thirteenth district. The case made by the bill is, that William Armstead, the father of the complainant, John K. Armstead, as an inducement for the latter to remove with his family to Alabama from the State of North Carolina, where he was then living, promised aud undertook, if he would do so, to give him certain lands known as the Turkey Creek plantation, as well as certain slaves.
Read the full summary
Writ of Error to the Court of Chancery for the thirteenth district. The case made by the bill is, that William Armstead, the father of the complainant, John K. Armstead, as an inducement for the latter to remove with his family to Alabama from the State of North Carolina, where he was then living, promised aud undertook, if he would do so, to give him certain lands known as the Turkey Creek plantation, as well as certain slaves. That confiding in his promise to do so, the complainant did remove, at great loss and expense. That William Armstead, in part performance of his promise, put him in…
1Opinion of the Court
GOLDTHWAITE,
— The opinion here will be confined to an examination of the principal point, as the decision on that will be decisive of the suit.
It will be seen that the promise by the father to give his son the Turkey Creek plantation and slaves, is stated in the bill as a contracL, of which the consideration is asserted to be the breaking up in North Carolina, and the expense and trouble of removing to Alabama. The proof, if it can be said to sustain the allegations of the bill even as to the form of a contract, has not the slightest effect in proving the substance of one. It is entirely…
2Cases cited2 opinions
- Darlington v. M'CooleSupreme Court of Virginia · 1829
- Kirksey v. KirkseySupreme Court of Alabama · 1845
3Cited by13 opinions
- Hubbard v. AllenSupreme Court of Alabama · 1877
- Bibb v. FreemanSupreme Court of Alabama · 1877
- Forney v. Calhoun CountySupreme Court of Alabama · 1887
- Hawkins v. HudsonSupreme Court of Alabama · 1871
- Scott v. McKinnishSupreme Court of Alabama · 1849
8 more not listed; retrieve them via the Exa API.