Buckheit v. Decatur Land Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Morgan. . Heard before the Hon. William T-I. Simpson. The bill, as amended, was filed by the appellee, the Decatur Land Company, a corporation organized and existing under the laws of Alabama, against Mary C. Buckheit, George P. Buckheit and the Decatur Land, Improvement and Furnace Company, a corporation under the laws of the State of Alabama, and averred the following facts: On May 31, 1892, the defendants, Mary C. Buckheit and George F.…
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Appeal from the Chancery Court of Morgan. . Heard before the Hon. William T-I. Simpson. The bill, as amended, was filed by the appellee, the Decatur Land Company, a corporation organized and existing under the laws of Alabama, against Mary C. Buckheit, George P. Buckheit and the Decatur Land, Improvement and Furnace Company, a corporation under the laws of the State of Alabama, and averred the following facts: On May 31, 1892, the defendants, Mary C. Buckheit and George F. Buckheit, purchased certain and specifically described lots from the Decatur Land, Improvement & Furnace Company, and on…
1Opinion of the CourtTyson, J.
The cases of Allen v. Pancoast, (20 N. J. Law, 68), and Stearns v. Martin, (4 Cal. 227), cited and relied upon by counsel for appellant as supporting his contention that the averment of the bill relative to the assignment of the notes and mortgage is a conclusion of the pleader and, therefore, wholly insufficient to Avith-stand the attack by demurrer raising that point do not and can not by any sort of construction be made to sustain it. On the contrary in Allen v. Pancoast, the general averment that the bond, the foundation of the action, Avas “duly assigned” to the plaintiff Avas held…
2Cases cited3 opinions
- Denby v. MellgrewSupreme Court of Alabama · 1877
- People v. StuartCalifornia Supreme Court · 1854
- Beebe & Henshaw v. MorrisSupreme Court of Alabama · 1876
3Cited by7 opinions
- Harton v. LittleSupreme Court of Alabama · 1911
- Braun v. PettyjohnSupreme Court of Alabama · 1912
- Simpson v. James R. Crowe Post No. 27, American LegionSupreme Court of Alabama · 1935
- Lunsford v. MarxSupreme Court of Alabama · 1924
- Orman v. North Alabama Assets Co.District Court, N.D. Alabama · 1913
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