Holley v. Younge
Supreme Court of Alabama
Appeal from the Circuit Court of Coffee. The record does not show the name of the presiding judge. ACTION (under the Code) by Alfred Holley against Henry A. Younge, on a promissory note for $1,000, executed by the defendant, dated September 28, 1851, payable to the plaintiff or bearer on or before the 1st January, 1851. The defendant pleaded, 1st, non assumpsit; 3d, payment; 4th set-off; 5th, pendency of another action, commenced prior to this suit, between the same parties,…
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Appeal from the Circuit Court of Coffee. The record does not show the name of the presiding judge. ACTION (under the Code) by Alfred Holley against Henry A. Younge, on a promissory note for $1,000, executed by the defendant, dated September 28, 1851, payable to the plaintiff or bearer on or before the 1st January, 1851. The defendant pleaded, 1st, non assumpsit; 3d, payment; 4th set-off; 5th, pendency of another action, commenced prior to this suit, between the same parties, and for the same subject-matter ; and the second plea was as follows : “ That defendant made the note sued on for…
1Opinion of the CourtGoldth Waite, J.
The second plea avers, in effect, that the note sued on was given for a tract of land, to the plaintiff below, who executed a deed with covenants of warranty against incumbrances; that at the time of the execution of said deed, there was a vendor’s lien on the land for the purchase money; that a bill in chancery was filed, to which the plaintiff was a party, to enforce said lien, a decree rendered condemning the lands to be sold to the satisfaction of the same, which was done, and that the defendant became the purchaser for the sum of three hundred dollars.
Under our decisions, based upon the…
2Cases cited7 opinions
- Anderson v. KnoxSupreme Court of Alabama · 1852
- Dunn v. WhiteSupreme Court of Alabama · 1840
- Morris v. HarveySupreme Court of Alabama · 1842
- Hart v. TurkSupreme Court of Alabama · 1849
- Litchfield v. FalconerSupreme Court of Alabama · 1841
2 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Warren v. WagnerSupreme Court of Alabama · 1883
- Rosser v. Bunn & TimberlakeSupreme Court of Alabama · 1880
- Gibson v. MarquisSupreme Court of Alabama · 1857
- Corley v. VizardSupreme Court of Alabama · 1919
- Kelly's Heirs v. AllenSupreme Court of Alabama · 1859
32 more not listed; retrieve them via the Exa API.