Helvenstein v. Higgason
Supreme Court of Alabama
Appeal from the Circuit Court of Marion. Tried before the Hon. ¥m. S. Mudd. This action was brought by John D. Higgason, against John C. Helvenstein, and was founded on a written instrument, signed by tbe defendant, which was in the following words: “Between this and the first day of March next, I promise to pay John D. Higgason the sum of $1,600, for value received; the condition of which is three forty-acre blocks of land, known as the N. E. fourth of S. E. fourth of…
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Appeal from the Circuit Court of Marion. Tried before the Hon. ¥m. S. Mudd. This action was brought by John D. Higgason, against John C. Helvenstein, and was founded on a written instrument, signed by tbe defendant, which was in the following words: “Between this and the first day of March next, I promise to pay John D. Higgason the sum of $1,600, for value received; the condition of which is three forty-acre blocks of land, known as the N. E. fourth of S. E. fourth of section three, and the N. E. fourth of the N. W. fourth of section two, both in township' eleven, range fourteen, and the S.…
1Opinion of the CourtR. W. Walker, J.
1. It does not appear that the demurrer stated any specific objections to the complaint; and for this reason, if for no other, it was properly overruled. — Code, § 2253.
2. The lands named in the instrument sued on, were unimproved lands, adjoining the improved lands sold by the plaintiff to the defendant at the same time, and by the same contract; and they were sold by the plaintiff, and purchased by the defendant, for the use of the improved lands, and as part and parcel of the same plantation. Upon the execution of the deed from the plaintiff to the defendant, which, it is shown, embraced…
2Cases cited2 opinions
- Tankersley v. GrahamSupreme Court of Alabama · 1845
- Williams v. HarperSupreme Court of Alabama · 1840
3Cited by17 opinions
- Dierksen v. PahlSupreme Court of Iowa · 1922
- Chambers v. WrightSupreme Court of Alabama · 1875
- Hounchin v. SalyardsSupreme Court of Iowa · 1911
- Munford v. PearceSupreme Court of Alabama · 1881
- Eads v. MurphySupreme Court of Alabama · 1875
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