Oliver v. Ala. Gold Life Insurance
Supreme Court of Alabama
Appeal from tbe Circuit Court of Shelby. Tried before the Hon. S. H. Sprott. This action was brought by the appellant, a domestic corporation, suing as assignee, against H. L. Oliver and C. D. Oliver; was founded on the defendants’ promissory note for $125, which was dated December 1st, 1879, and payable twelve months after date, to the order of T. N. Fowler; and was commenced on the 9th July, 1883. On the first trial, there was a judgment on verdict for the defendants; but…
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Appeal from tbe Circuit Court of Shelby. Tried before the Hon. S. H. Sprott. This action was brought by the appellant, a domestic corporation, suing as assignee, against H. L. Oliver and C. D. Oliver; was founded on the defendants’ promissory note for $125, which was dated December 1st, 1879, and payable twelve months after date, to the order of T. N. Fowler; and was commenced on the 9th July, 1883. On the first trial, there was a judgment on verdict for the defendants; but it was reversed by this court on appeal, and the cause was remanded, as shown by the report of the case — 78 Ala. 158.…
1Opinion of the CourtClopton, J.
— When this case was before us on a former appeal (78 Ala. 158), the general issue was the only plea shown by the record ; and the defense relied on was, that the rent as incident to the reversion passed by the sale and conveyance of the land to one of the makers of the rent note, such conveyance having been made by the lessor after the making of the rental contract, and before the term commenced. We then held, that the note being assignable, its transfer to the plaintiff, on a valuable consideration, before the sale and conveyance, vested in the plaintiff the ownership of the note, which was…
2Cases cited14 opinions
- Beckwith v. TalbotSupreme Court of the United States · 1877
- Comer v. SheehanSupreme Court of Alabama · 1883
- Heflin v. MiltonSupreme Court of Alabama · 1881
- Shakespeare v. AlbaSupreme Court of Alabama · 1884
- Otis v. McMillan & SonsSupreme Court of Alabama · 1881
9 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Vinyard v. Republic Iron & Steel Co.Supreme Court of Alabama · 1921
- Sayre v. Wilson & IngramSupreme Court of Alabama · 1888
- A. G. Rhodes Furniture Co. v. WeedenSupreme Court of Alabama · 1895
- Davis v. RobertSupreme Court of Alabama · 1889
- Moss v. CogleSupreme Court of Alabama · 1958
12 more not listed; retrieve them via the Exa API.