Taylor v. Pope
Supreme Court of Alabama
Writ of error to the County Court of Talladega county. ACTION of covenant. The declaration set out the agreement of the parties at length, and it is in these words: “This indenture made and confirmed this day, between Henry Taylor of the one’part, and Peter Pope of the other part, witness-eth: That whereas, Henry Taylor did sell to said Pope two certain tracts of land, lying and being as follows, to wit: The west half of the east quarter of section 5, township 21, range 4,…
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Writ of error to the County Court of Talladega county. ACTION of covenant. The declaration set out the agreement of the parties at length, and it is in these words: “This indenture made and confirmed this day, between Henry Taylor of the one’part, and Peter Pope of the other part, witness-eth: That whereas, Henry Taylor did sell to said Pope two certain tracts of land, lying and being as follows, to wit: The west half of the east quarter of section 5, township 21, range 4, containing eighty acres, more or less: Also, the east half of section 8, township 21, range 4, containing three hundred…
1Opinion of the CourtGoldthwaite, J.
1. The prolixity ofthe pleadings, and the number of questions growing out of them, as well as those raised at the trial, render it Inconvenient to notice them separately ; for this reason we pi’opose to examine, very briefly, the law as applicable to this covenant, and then to make its application to the case on the record.
It appears that Pope, formerly had purchased two tracts of land from Taylor, but having failed to pay for them, the contract of sale, was rescinded: Taylor covenanting that Pope should remain in possession until the 25th December, 1838, at which time Pope was to surrender…
2Cases cited1 opinion
- Dobbs v. Distributees of CockerhamSupreme Court of Alabama · 1835
3Cited by2 opinions
- Governor v. WileySupreme Court of Alabama · 1848
- Hunt's v. HallSupreme Court of Alabama · 1861