Collins v. Whigham
Supreme Court of Alabama
Appeal from the Circuit Court of Pike. Tried before tbe Hon. H. D. Clayton. This action was brought on the 1st of February, 1877, by Elizabeth Whigham against Nace Collins, to recover two hundred dollars for the alleged conversion by him of three bales of cotton, which cotton was grown on the premises of plaintiff, by her tenant, one Elisha Wilkes.
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Appeal from the Circuit Court of Pike. Tried before tbe Hon. H. D. Clayton. This action was brought on the 1st of February, 1877, by Elizabeth Whigham against Nace Collins, to recover two hundred dollars for the alleged conversion by him of three bales of cotton, which cotton was grown on the premises of plaintiff, by her tenant, one Elisha Wilkes. The facts of the case are as follows : The plaintiff (appellee) agreed with said Wilkes to sell certain premises of plaintiff to Wilkes on condition that Wilkes pay her fifteen bales of cotton of 500 pounds each, deliverable in Clayton, Barbour…
1Opinion of the CourtBriokell, C. J.
1. The bond for title, the instruments by which Wilkes promised to deliver the three bales of cotton annually, as the consideration of the purchase of the lands, and the endorsements thereon were cotemporaneously executed, relate to the same transaction, and must be construed together as if they were a single instrument. — Sewall v. Henry, 9 Ala. 24.
2. The contract which they import is in the alternative, conferring on Wilkes the right either to become the purchaser of the lands by delivering the number of bales of cotton specified annually as the consideration of the purchase, or, to deliver…
2Cases cited3 opinions
- Sewall v. HenrySupreme Court of Alabama · 1846
- Tucker v. AdamsSupreme Court of Alabama · 1875
- Hadden's Executors v. PowellSupreme Court of Alabama · 1850
3Cited by20 opinions
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- Moorer v. Tensaw Land & Timber Co.Supreme Court of Alabama · 1944
- Katz v. Pratt Street Realty Co.Court of Appeals of Maryland · 1970
- Moses Bros. v. JohnsonSupreme Court of Alabama · 1889
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