Burt v. Henry
Supreme Court of Alabama
Error to the Circuit Court of Talladega, Debt, on bond, by Burt, as the assignee of one Jumper a. gainst Henry, as the obligor. The declaration describes the bond, as dated the 9th of April, 1840, assigned the 15th February, 1841, and only the penal part is set out.
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Error to the Circuit Court of Talladega, Debt, on bond, by Burt, as the assignee of one Jumper a. gainst Henry, as the obligor. The declaration describes the bond, as dated the 9th of April, 1840, assigned the 15th February, 1841, and only the penal part is set out. The defendant craved oyer of the bond, and that being given, a condition appeared by which it was to be void if Henry, his heirs or assigns, or any of them, should make, or cause to be made, to Jumper, his heirs or assigns, good and lawful titles to certain lands therein described, when Jumper-should discharge a certain note for…
1Opinion of the CourtGoldthwaite, J.
1. In the examination of this record, it is most convenient to first ascertain the rules which govern the cause, as presented in the pleadings, and then shew how far the action of the circuit court at the trial was in accordance or at variance with them.
By referring to the condition of the bond, it will be seen that the defendant stipulates it shall be void if himself, his heirs or assigns, or any of them, shall make titles to certain lands, or cause such to be made to Jumper, the obligee, his heirs or assigns, whenever he should discharge a particular note. We can see no reason whatever, for…
2Cases cited1 opinion
- Williams v. HarperSupreme Court of Alabama · 1840
3Cited by1 opinion
- Starr v. WilsonCourt of Civil Appeals of Alabama · 2008