Kizer v. Lock
Supreme Court of Alabama
Error to the Circuit Court of Monroe. This was an action on the case, by the plaintiff against the defendant in error. The declaration is as follows: “For that whereas, the plaintiff 'was in possession, resided on, and cultivated a valuable tract of land, to wit, &c.
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Error to the Circuit Court of Monroe. This was an action on the case, by the plaintiff against the defendant in error. The declaration is as follows: “For that whereas, the plaintiff 'was in possession, resided on, and cultivated a valuable tract of land, to wit, &c. (describing it,) to wit, on 1st August, 1838, of the value of $2,000, to which he, the plaintiff, was entitled to a pre-emption right, to enter the same, at one dollar and twenty-five cents per acre, according to the law of the United aStates, and intended so to do, and to sell one half of said tract of land for a large profit,…
1Opinion of the CourtOrmond, J.
The substance of the agreement, as recited in the declaration, is, that the plaintiff was entitled to a right of pre-emption in certain lands, and being about to enter the same at the land office, the defendant, who was indebted to him, in part of the sum necessary to enter the land, offered, and agreed to advance the residue of the money necessary to make the entry, provided he was permitted to enter the land in his own name, and that upon the repayment of the sum due, ho would reconvey, &c., which he refuses to do, although the money has been tendered to him. This, though informally stated…
2Cases cited1 opinion
- Brown v. BarnesSupreme Court of Alabama · 1844
3Cited by4 opinions
- Central of Georgia Ry. Co. v. Southern Ferro Concrete Co.Supreme Court of Alabama · 1915
- McRae's Adm'r v. McDonaldSupreme Court of Alabama · 1876
- Banks v. Chas. P. Harris Manuf'g Co.United States Circuit Court · 1884
- Smith v. JohnsonSupreme Court of Alabama · 1861