Harton v. Belcher
Supreme Court of Alabama
Appeal from Bibb Circuit Court. Heard before Hon. B. M. Miller. Assumpsit by H. M. Hartón against A. N. Belcher. Judgment for defendant, and plaintiff appeals. The action was upon a promissory note for deferred, payments on certain land.
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Appeal from Bibb Circuit Court. Heard before Hon. B. M. Miller. Assumpsit by H. M. Hartón against A. N. Belcher. Judgment for defendant, and plaintiff appeals. The action was upon a promissory note for deferred, payments on certain land. The pleas referred to are as follows: (16) The defendant as a defense to the action of plaintiff, saith that at the time said action was commenced plaintiff was indebted to him in, to wit, the sum of $5,000 as damages for the fraud and deceit of plaintiff perpetrated on defendant in the sale of certain timber lands in Gadsden county, Fla., in this, that on,…
1Opinion of the CourtSayre, J.
To an action on a promissory note, which he had given to secure, in part, payment of the purchase money for a certain large tract of timber land, defendant (appellee) pleaded two pleas of recoupment, numbered 16 and 17 in the record, and on these pleas had .a recovery over against plaintiff, who thereupon took this appeal alleging that the court erred, inter alia, in overruling demurrers to these pleas.(1) The objection taken to these pleas in the brief for appellant is that they fail to show that plaintiff knew that he was pointing out to defendant lands other than those in reference to…
2Cases cited5 opinions
- Munroe v. PritchettSupreme Court of Alabama · 1849
- King v. Livingston Mfg. Co.Supreme Court of Alabama · 1912
- Tillis v. Smith Sons Lumber Co.Supreme Court of Alabama · 1914
- Shahan v. BrownSupreme Court of Alabama · 1910
- Conner & Wife v. SmithSupreme Court of Alabama · 1889
3Cited by33 opinions
- Foremost Ins. Co. v. ParhamSupreme Court of Alabama · 1997
- Campbell v. Regal Typewriter Co., Inc.Supreme Court of Alabama · 1976
- Cartwright v. BralySupreme Court of Alabama · 1928
- Williams v. BedenbaughSupreme Court of Alabama · 1926
- Caffey v. Alabama MacHinery & Supply Co.Alabama Court of Appeals · 1922
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