Strange v. Watson
Supreme Court of Alabama
Writ of Error to the Court of Chancery sitting at Mont-, gomery. The plaintiffs in error alledge in their bill that they are the heirs of Welborn D. Westmoreland, deceased, who died in Macon county, intestate, in the year 1836, and that their in' testate purchased of the defendant in the same year in which he died, certain lands particularly described, situated in the county of Montgomery — all which were then in a high state of improvement, with buildings thereon of great…
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Writ of Error to the Court of Chancery sitting at Mont-, gomery. The plaintiffs in error alledge in their bill that they are the heirs of Welborn D. Westmoreland, deceased, who died in Macon county, intestate, in the year 1836, and that their in' testate purchased of the defendant in the same year in which he died, certain lands particularly described, situated in the county of Montgomery — all which were then in a high state of improvement, with buildings thereon of great value. At the time of the purchase, the intestate paid to the defendant one hundred dollars, and made and delivered to…
1Opinion of the CourtCollier, C. J.
The testimony in the cause very satisfactorily proves that the defendant received no more of the purchase money, than he admits in his original and amended answer was paid to him; that the receipts written on the notes, and which acknowledge their payment, was made at the solicitation of Cousins who had intermarried with the widow and administratrix of the intestate; that no money was paid to the defendant, but the receipts were given, because Cousins urged it — stating that the judge of the orphans’ court desired it, and it would enable him to settle the administration account. Upon this…
2Cases cited2 opinions
- Cook v. BloodgoodSupreme Court of Alabama · 1845
- Driver v. FortnerSupreme Court of Alabama · 1837
3Cited by11 opinions
- Hayward v. National BankSupreme Court of the United States · 1878
- Dormitzer v. German Savings & Loan SocietyWashington Supreme Court · 1900
- Heflin v. HeflinSupreme Court of Alabama · 1922
- Kelly v. McGrathSupreme Court of Alabama · 1881
- Rives, Battle & Co. v. Walthall's Ex'rsSupreme Court of Alabama · 1862
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