Nance v. Gray
Supreme Court of Alabama
Appeal from the Chancery Court of Calhoun. Heard before the Hon. E. B. Kelly. In 1883, W. P. Cooper sold certain land to James A. Nance and executed a. bond for title to the same in the sum of two thousand dollars, and placed the said Nance in possession of the land. On December 11th, 1893, on a settlement had between W. P. Cooper and Nance, it was ascertained that the balance of purchase money then due Nance was $413.61, since which time no payments have been made.
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Appeal from the Chancery Court of Calhoun. Heard before the Hon. E. B. Kelly. In 1883, W. P. Cooper sold certain land to James A. Nance and executed a. bond for title to the same in the sum of two thousand dollars, and placed the said Nance in possession of the land. On December 11th, 1893, on a settlement had between W. P. Cooper and Nance, it was ascertained that the balance of purchase money then due Nance was $413.61, since which time no payments have been made. W. P. Cooper died and W. H. Cooper became executor of his will. Subsequently on Oct. 14th, 1897, James A. Nance executed to W.…
1Opinion of the CourtSimpson, J.
As the arguments of counsel do not follow the assignments of error, in order, we will take up the points contended for in the order presented.
The first contention of appellant is that the allegata and probata do not correspond, because the copy of the *239note of October 14, 1897, as set ont in the original bill, in the first call in the description of the land was the “South quarter” of section 30, and the original note, in the record has the “Southwest quarter” of sectiqn 30. (The word “west” being written with different ink apparently and evidently written after the’ original writing of the…
2Cases cited23 opinions
- Fenno v. SayreSupreme Court of Alabama · 1842
- Bankhead v. OwenSupreme Court of Alabama · 1877
- Butts v. BroughtonSupreme Court of Alabama · 1882
- Lazier v. . WestcottNew York Court of Appeals · 1862
- Woodall v. Kelly & Co.Supreme Court of Alabama · 1888
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3Cited by31 opinions
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- Goodgame v. DawsonSupreme Court of Alabama · 1942
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