Hughes v. Hatchett & Trimble
Supreme Court of Alabama
Appeal from tbe Chancery Court of Elmore. Heard before tbe Hon. CHARLES Turker. The original bill in this case was filed on the 29th April, 1875, by w. T. Hatchett and Benj.
Read the full summary
Appeal from tbe Chancery Court of Elmore. Heard before tbe Hon. CHARLES Turker. The original bill in this case was filed on the 29th April, 1875, by w. T. Hatchett and Benj. Trimble, suing individually, against A. T. Hughes; and sought to subject a certain tract of land, described as “section fifteen (15) and fractional section twenty-two (22), west of the Coosa river, in Elmore county,” which the complainants had sold to said Hughes, to the payment of one of the notes given for the purchase-money. The contract of sale was made on the 18th May, 1874, and the complainants executed to said…
1Opinion of the Court
STONE, J. —
The contract of purchase, if it may be so called, by which, it is contended, Jenkins, Starns, McMorris, and Thrasher acquired an interest in parts of the lands in controversy, was, in each case, an oral agreement, never reduced to writing; and there is neither averment nor proof that either of them has ever paid any part of the purchase-money. Such negotiation, or agreement, is void under the statute of frauds (Eev. Code, § 18(32, subd. 6); — and it results, that there was no necessity for making them parties. A void contract, if it be not a solecism to call it a contract, can…
2Cases cited1 opinion
- Hooks v. Br. BankSupreme Court of Alabama · 1850
3Cited by22 opinions
- Woodall v. Kelly & Co.Supreme Court of Alabama · 1888
- Drake v. WebbSupreme Court of Alabama · 1879
- Greenfield v. PowellSupreme Court of Alabama · 1930
- Halsey v. MurraySupreme Court of Alabama · 1895
- Parker v. ParkerSupreme Court of Alabama · 1890
17 more not listed; retrieve them via the Exa API.