Royal v. Goss
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. B. Coleman. Ejectment by Sarah E. Royal against Peter F. Goss and others. From a judgment for defendants, plaintiff appeals. The plaintiff claimed title through a deed of gift executed by O. Royal on the 6th day of May 1882, and proof of prior possesson.
Read the full summary
Appeal from Jefferson Circuit Court. Heard before Hon. A. B. Coleman. Ejectment by Sarah E. Royal against Peter F. Goss and others. From a judgment for defendants, plaintiff appeals. The plaintiff claimed title through a deed of gift executed by O. Royal on the 6th day of May 1882, and proof of prior possesson. The defendants claim through a deed with general covenants of warranty executed by plaintiff and her husband, C. Royal, to the defendants Robinson & .Tones on the 11th day of April, 1894. The recited consideration of this deed was $4,000 in cash paid to the plaintiffs and the…
1Opinion of the CourtAndebson, J.
“In general, a contract made under duress is only voidable and not void; hence the one on whom the duress has been imposed may either repudiate or affirm it. There are cases, however, in which the severity of the duress is such that the person on whom it is imposed is converted into a mere automaton for the purpose of obeying the command and registering the will of the person who imposes it. In such cases the formal contracting is simply null and of no effect.” — 10 Am. & Eng. Ency. Law (2d Ed.) 334. The duress attempted to be set up by the plaintiff in the case at bar, if it existed, was of…
2Cases cited5 opinions
- Kennedy's Heirs v. Kennedy's HeirsSupreme Court of Alabama · 1841
- Moog v. StrangSupreme Court of Alabama · 1881
- Robertson v. BradfordSupreme Court of Alabama · 1882
- Rogers v. AdamsSupreme Court of Alabama · 1880
- Vancleave v. WilsonSupreme Court of Alabama · 1882
3Cited by22 opinions
- Sterling Oil of Oklahoma, Inc. v. PackSupreme Court of Alabama · 1973
- Forest Investment Corp. v. Commercial Credit Corp.Supreme Court of Alabama · 1960
- Southern Hardware & Supply Co. v. LesterSupreme Court of Alabama · 1910
- Solomon v. FloWarr Management, Inc.Court of Appeals of Tennessee · 1989
- Gloeser v. MooreMichigan Supreme Court · 1938
17 more not listed; retrieve them via the Exa API.