Clemens v. Loggins
Supreme Court of Alabama
Error to the Circuit Court of Tuscaloosa County. THE action was assumpsit on two promissory notes, for two hundred dollars each, made by the defendant in error, to one Obadiah Cooper, and by him assigned to the plaintiff in error. On the plea of non assumpsit, the defendant had judgment.
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Error to the Circuit Court of Tuscaloosa County. THE action was assumpsit on two promissory notes, for two hundred dollars each, made by the defendant in error, to one Obadiah Cooper, and by him assigned to the plaintiff in error. On the plea of non assumpsit, the defendant had judgment. From a bill of exceptions taken on the trial below, it appears that one Cotton had purchased a tract of land of Cooper, the plaintiff’s assignee, on credit, and received a bond for title; that being unable to comply with his contract, the defendant agreed to take the bargain off his hands, and gave Cotton one…
1Opinion of the CourtOrmond, J.
— The tender of the purchase money of the land, and demand of title, as well as the refusal of the vendor to make title, were facts which it was competent for the defendant in error to prove; but the declarations of Cooper, the vendor of the land, and assignor of the plaintiff, that he had not title, were not evidence in this action, because he was competent to testify for the defendant in the cause, as has been repeatedly held in this court; and therefore, for that cause, if no other existed, his declarations could not be given in evidence.
There was no error in the refusal of the court to…
2Cases cited1 opinion
- Newell v. TurnerSupreme Court of Alabama · 1839
3Cited by12 opinions
- Kelly's Heirs v. AllenSupreme Court of Alabama · 1859
- Ware, Murphy & Co. v. Morgan & DuncanSupreme Court of Alabama · 1880
- Griggs v. WoodruffSupreme Court of Alabama · 1848
- Clay v. DennisSupreme Court of Alabama · 1842
- Magee v. McMillanSupreme Court of Alabama · 1857
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