Tankersly v. State Bank
Supreme Court of Alabama
Error to the Circuit Court of Sumter. Assumpsit by the defendant in error against the plaintiff in error, on a promissory note for #2,462 50, dated 6th July, 1836, and bearing interest at six per cent, from the date. Three other suits on notes for the same amount, being consolidated with this.
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Error to the Circuit Court of Sumter. Assumpsit by the defendant in error against the plaintiff in error, on a promissory note for #2,462 50, dated 6th July, 1836, and bearing interest at six per cent, from the date. Three other suits on notes for the same amount, being consolidated with this. To declarations in the usual form, the defendants pleaded non assumpsit and failure of consideration, upon which issue was taken, and the following special jileas: 1. That the four notes sued on, were executed by the defendants to James Savage and others, school commissioners of section 16, township 19,…
1Opinion of the CourtOrmond, J.
The statutes in force when the sale of the 16th .section in this case was made, passed in 1828, will be found in *280Aikin’s Digest, 377. The 33d section provides, “that it shall be the duty of the school commissioners of the several sixteenth sections in the State, or a majority of them, on the second Monday in May next, on giving twenty days public notice, by advertisement in three of the most public places in the respective townships, to hold an election to ascertain the sense of the qualified electors ■who may be inhabitants of such township, respecting the sales of their sixteenth sections…
2Cited by3 opinions
- Knighton v. CurrySupreme Court of Alabama · 1878
- Turner Adm'r v. Dupree's Adm'rSupreme Court of Alabama · 1851
- Branch Bank at Mobile v. TillmanSupreme Court of Alabama · 1846