Garnett v. Yoe
Supreme Court of Alabama
Error to the Circuit Court of Pickens. Tried before the Hon. Sam’l Chapman. This was an action of debt instituted by the defendant against the plaintiff in error on bis bond, dated 9th August 1843, and conditioned for the conveyance to the plaintiff below of a tract of land in Kemper county, Mississippi, so soon as the obligor could obtain title to it. The declaration contained six assignments of breach.
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Error to the Circuit Court of Pickens. Tried before the Hon. Sam’l Chapman. This was an action of debt instituted by the defendant against the plaintiff in error on bis bond, dated 9th August 1843, and conditioned for the conveyance to the plaintiff below of a tract of land in Kemper county, Mississippi, so soon as the obligor could obtain title to it. The declaration contained six assignments of breach. The first is, that on the 27th of Sept. 1845, the plaintiff tendered^ deed, drawn in the usual form, to the defendant, and requested him to execute it, which he refused to do. This assignment…
1Opinion of the CourtParsons, J.
This is an action of debt, founded on a bond executed by Garnett, in the penalty of two thousand dollars, to Yoe; bearing date, according to the declaration, the 9th day of August 1843, conditioned to be void if Garnett should convey to Yoe a tract of land described, lying in Kemper county in the State of Mississippi, so soon as Garnett could ob*77•tain title to the same. Six breaches are assigned in the declaration, and the defendant below demurred to each of them. His counsel here contends, as to the two first, that each one contains several averments, and that they do not conform to the…
2Cited by16 opinions
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- Brady v. GreenSupreme Court of Alabama · 1909
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