Bryant v. Stephens
Supreme Court of Alabama
Appeal from the Chancery Court of Coffee. Heard before the Hon. Adam 0. Eelder. On the 10th of May, 1873, one Josiah Davis filed his bill in this cause, against appellees, Daniel J. Stephens and A. G. Hammond. After the filing of the bill, and before the June term, 1874, when said cause came up for decree and reference, Davis died, and leave was given to revive in the name of W. W. Bryant, the appellant, as his administrator.
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Appeal from the Chancery Court of Coffee. Heard before the Hon. Adam 0. Eelder. On the 10th of May, 1873, one Josiah Davis filed his bill in this cause, against appellees, Daniel J. Stephens and A. G. Hammond. After the filing of the bill, and before the June term, 1874, when said cause came up for decree and reference, Davis died, and leave was given to revive in the name of W. W. Bryant, the appellant, as his administrator. The bill avers, 1st, that about November 4th, 1870, Davis traded or sold to said Stephens, certain described lands in Coffee county; that for and in consideration of 120…
1Opinion of the Court
BBICKELL, C. J.-*-l.
We do not deem it material to inquire whether the original contract between Davis, the intestate of the appellant,, and Stephens, was an exchange of lands, and the lands of Davis exceeding in value the lands of Stephens, for such excess, the latter gave his promissory note, which was taken up by the present notes ; or whether it was an exchange of part, and a sale of part of the lands, and the original note was for the purchase-money of the part sold. Whatever that contract may have been, it was altered by the subsequent agreement between the parties, shown by the present…
2Cases cited5 opinions
- Cheesebrough v. MillardNew York Court of Chancery · 1815
- Foster v. Trustees of the AthenæumSupreme Court of Alabama · 1842
- Donald & Co. v. HewittSupreme Court of Alabama · 1859
- Burns v. TaylorSupreme Court of Alabama · 1853
- Lewis v. De ForestSupreme Court of Connecticut · 1850
3Cited by17 opinions
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- Tedder v. SteeleSupreme Court of Alabama · 1881
- Gulf, Mobile & Ohio Railroad Co. v. Illinois Central R. Co.District Court, N.D. Alabama · 1954
- G. F. A. Peanut Ass'n v. W. F. Covington Planter Co.Supreme Court of Alabama · 1939
- Scherf v. RenfroeSupreme Court of Alabama · 1957
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