Tankersley v. Graham
Supreme Court of Alabama
Writ of error to the Circuit Court of Sumter. Assumpsit by the Grahams against Tankersley, as their regular indorsee of a note made by James A. Terry, Stephen Register, and John W. Hawthorn, payable to one Philip Jones, and by the latter delivered to the defendant, who indorsed it to the plaintiff.
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Writ of error to the Circuit Court of Sumter. Assumpsit by the Grahams against Tankersley, as their regular indorsee of a note made by James A. Terry, Stephen Register, and John W. Hawthorn, payable to one Philip Jones, and by the latter delivered to the defendant, who indorsed it to the plaintiff. At the trial, after the plaintiffs had made out a case, to charge the defendant prima facie,he offered parol evidence, conducing to show, that the consideration of the indorsement was to provide the payment of purchase money for a fraction of land, bought by the defendant of one Susannah McNiel,…
1Opinion of the CourtGoldthwaite, J.
1. The defendant in the Court below, seems to have placed his defence, in the first instance, upon the ground, that he was entitled to show that his blank indorsement, upon which the suit against him is founded, was intended, and agreed upon, as a special contract, not to be enforced against him, if he did not get a good title for the land sold him; or if a better title took it from him. In this view of his liability, he offered to show that one Green had the government title, and that his. heirs were seeking to recover the land from him. So far as this evidence had the effect to vary or…
2Cases cited5 opinions
- Cullum v. Branch of the Bank of AlabamaSupreme Court of Alabama · 1842
- Dean v. HallNew York Supreme Court · 1837
- Jordan v. GarnettSupreme Court of Alabama · 1842
- Sommerville v. StephensonSupreme Court of Alabama · 1831
- Hightower v. IvySupreme Court of Alabama · 1835
3Cited by15 opinions
- Kelly's Heirs v. AllenSupreme Court of Alabama · 1859
- Sykes v. EverettSupreme Court of North Carolina · 1914
- Stack v. BeachIndiana Supreme Court · 1881
- Day v. ThompsonSupreme Court of Alabama · 1880
- Marks v. First National BankSupreme Court of Alabama · 1885
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