Parrish v. Steadham
Supreme Court of Alabama
Appeal from the Circuit Court of Franklin. Tried before the Hon. H. C. Speake. This was an action of assumpsit, brought by the appellee, Mrs. W. A. Steadham, against the appellant, Alfred Parrish ; and was commenced by an attachment, which was sued out on the ground that the defendant was a non-resident.
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Appeal from the Circuit Court of Franklin. Tried before the Hon. H. C. Speake. This was an action of assumpsit, brought by the appellee, Mrs. W. A. Steadham, against the appellant, Alfred Parrish ; and was commenced by an attachment, which was sued out on the ground that the defendant was a non-resident. The complaint contained the common counts, and a special count on a contract for the sale of a tract of land by the plaintiff to the defendant, alleging that she executed a deed to him, that he had paid a part of the purchase money, had promised to pay the balance, and was placed in…
1Opinion of the CourtHead, J.
We are unable to see how the appellant proposes to take this case without the influence of the decision of this court, made when it was here at a former term. — 93 Ala. 465. As then presented, it was simply a case of a sale by Steadham to Parrish of eighty acres of land at an agreed price, a part of which was paid in cash, the balance agreed to be paid at a specified time in the future, and actual possession of the land sold delivered to the purchaser, who actually enjoyed the possession and use thereof. The purchaser had- not bound himself, by any instrument in writing, to pay the future…
2Cases cited1 opinion
- Steadham v. ParrishSupreme Court of Alabama · 1890
3Cited by4 opinions
- Jacobson v. LeaventhalSupreme Judicial Court of Maine · 1930
- Merrell v. WitherbySupreme Court of Alabama · 1898
- Brockman v. Di GiacomoSupreme Court of Colorado · 1925
- Steverson v. Agee & Co.Alabama Court of Appeals · 1913