Smith v. Hiles-Carver Co.
Supreme Court of Alabama
Appeal from the Oh an eery Court; of Cleburne. Heard before the Hon. S. K. McSpadpen, Prior to Nov. 1, 1886, the1 appellant, A. J. Smith, purchased a-t-rac-t of land in Clay comity, Ala., from one Daniel S. Smith, executed his note to said Smith for the payment of the purchase'money, and wont into possession of the property, said Daniel S. Smith having executed and delivered to him a deed of conveyance thereto.
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Appeal from the Oh an eery Court; of Cleburne. Heard before the Hon. S. K. McSpadpen, Prior to Nov. 1, 1886, the1 appellant, A. J. Smith, purchased a-t-rac-t of land in Clay comity, Ala., from one Daniel S. Smith, executed his note to said Smith for the payment of the purchase'money, and wont into possession of the property, said Daniel S. Smith having executed and delivered to him a deed of conveyance thereto. On November 1, 1886, A. J. Smith exchanged the lands tints purchased from Daniel S. Smith with one J. J. Holland for lands owned by said Holland in Cleburne county , Holland executing…
1Opinion of the CourtMcCLELLAN, J.
The plea of nul tiel corporation was not sworn to, and was therefore bad. Acts 1888-9, p. 57.
For the same reason the pleas which averred an unauthorized alteration of the note which is the foundation of the suit after its execution were properly adjudged insufficient; and the evidence taken in support of them is not to be regarded. Without verification the note sued on was not open to impeachment, for alleged material alteration, at law or in chancery. — Code, 2770; Bonner et al. v. Young, 68 Ala. 35 ; Hooper v. Strahan, 71 Ala. 75; Barclift v. Treece, 77 Ala. 528, 532; Lesser v. Schulze, 93…
2Cases cited8 opinions
- Barclift v. TreeceSupreme Court of Alabama · 1884
- Newlin, Fernley & Co. v. McAfeeSupreme Court of Alabama · 1879
- Conner & Wife v. SmithSupreme Court of Alabama · 1889
- Hooper v. StrahanSupreme Court of Alabama · 1881
- Bonner v. YoungSupreme Court of Alabama · 1880
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Courtner v. EtheredgeSupreme Court of Alabama · 1907
- Mobile & Ohio Railroad v. Postal Telegraph Cable Co.Supreme Court of Alabama · 1897
- Ashurst v. Arnold-Henegar-Doyle Co.Supreme Court of Alabama · 1918
- Noble v. GilliamSupreme Court of Alabama · 1902
- Loyd v. GuthrieSupreme Court of Alabama · 1901
3 more not listed; retrieve them via the Exa API.