Thompson v. Saffold
Supreme Court of Alabama
This was an action of trespass on the case commenced by A. M. B. Thompson, in Dallas Circuit Court, against James Saffold -and Reuben Saffold, as survivors of P. Harrison, J. Cox, L. Wood, J. Phillips, and D. Files, deceased, who composed the “Portland Town Company,” to recover damages of them, for failing to make title to a lot. The writ was executed on James Saffold; and as to Reuben Saffold, it was returned “ not found.”
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This was an action of trespass on the case commenced by A. M. B. Thompson, in Dallas Circuit Court, against James Saffold -and Reuben Saffold, as survivors of P. Harrison, J. Cox, L. Wood, J. Phillips, and D. Files, deceased, who composed the “Portland Town Company,” to recover damages of them, for failing to make title to a lot. The writ was executed on James Saffold; and as to Reuben Saffold, it was returned “ not found.” The plaintiff filed his declaration against James Saffold, (discontinuing bis action ás to Reuben Saffold,) stating that the persons above named, under the name of the “…
1Opinion of the Court
By JUDGE WHITE.
The design of the action was to recover damages for failing to make title to a lot in the town of Portland. The process was sued out against two defendants, but was executed on but one, and the suit was-discontinued as to the other, and to the declaration against one only, a demurrer was filed. It will be perceived that the foundation oí the action was the certificate, and as the plaintiff proceeded against two defendants in contract, he was, according to the well settled doctrine, bound to have them both in Court before he could file his declaration, unless the defendant not…
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