Byrne v. Marshall
Supreme Court of Alabama
Appeal from tbe City Court of Selma. Tried before Hon. J. S. Corbin. This was an action, in the nature of ejectment, brought by the appellee against the appellant, to recover a certain lot in the city of Selma.
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Appeal from tbe City Court of Selma. Tried before Hon. J. S. Corbin. This was an action, in the nature of ejectment, brought by the appellee against the appellant, to recover a certain lot in the city of Selma. The main facts of the case, as appear from the bill of exceptions, reserved on the trial, are as follows: On the 13th of October, 18U0, "William Johnson sold and conveyed to the appellee, Marshall, a number of lots in the city of Selma, including the lot in question, by a deed in fee, in payment of a debt due from him to Marshall, of $81,500. This conveyance was duly acknowledged and…
1Opinion of the CourtB. F. Saffold, J.
A construction of the writing given by Marshall to William Johnson will dispose of the assignments of error. This writing, with the evidence of William Johnson, sufficiently shows that it was made on account of Johnson’s dissatisfaction with the valuation of his property; that it formed a part of the consideration of the deed from Johnson to Marshall, and ought to be considered in connection with it; that the two instruments evidence but a single contract. They were made on the same day, relate to the same subject-matter, and one refers to the other. — Strong's Ex’rs v. Brewer, 17 Ala. 706;…
2Cases cited5 opinions
- Conway's Executors & Devisees v. AlexanderSupreme Court of the United States · 1812
- Sewall v. HenrySupreme Court of Alabama · 1846
- Strong's Ex'rs v. BrewerSupreme Court of Alabama · 1850
- Doe ex dem. Holman v. CraneSupreme Court of Alabama · 1849
- Morrow v. HigginsSupreme Court of Alabama · 1856
3Cited by6 opinions
- Moorer v. Tensaw Land & Timber Co.Supreme Court of Alabama · 1944
- O'Barr v. TurnerAlabama Court of Appeals · 1917
- Rice v. ParkSupreme Court of Alabama · 1931
- Albert v. NixonSupreme Court of Alabama · 1934
- Anderson v. WintonSupreme Court of Alabama · 1902
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