Borland v. Walker
Supreme Court of Alabama
Error to the Chancery Court of Lowndes County. The bill was filed by the plaintiff in error, and charges that in September, 1840, by an agreement in writing, the defendant Walker, sold to the complainant his estate, real and personal, consisting of lands and slaves, household furniture, and other articles of property for the sum of thirty-seven thousand dollars.
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Error to the Chancery Court of Lowndes County. The bill was filed by the plaintiff in error, and charges that in September, 1840, by an agreement in writing, the defendant Walker, sold to the complainant his estate, real and personal, consisting of lands and slaves, household furniture, and other articles of property for the sum of thirty-seven thousand dollars. Out of this sum the complainant agreed to pay a debt due the Bank at Montgomery, by Walker, amounting to about fifteen thousand dollars — to one Robinson, five hundred — the like sum to Cloughton & ,King — and to Bull & Files, three…
1Opinion of the CourtOrmond, J.
There are some questions presented on the record arising on preliminary points, decided by the Chancellor against the plaintiff in error, which it is proper should be first considered. The complainant objected to the depositions of the defendants, upon the ground, that the interrogatories were prolix, double, multifarious, and incapable of being crossed. The Chancellor overruled the objection on the ground, that it was not sufficiently specific. It is not easy to perceive how the objection ,for prolixity could have beeu otherwise stated, but we apprehend that it is no objection to a…
2Cases cited5 opinions
- Sands v. CodwiseCourt for the Trial of Impeachments and Correction of Errors · 1808
- Bean v. SmithU.S. Circuit Court for the District of Rhode Island · 1821
- Planters' & Merchants' Bank of Mobile v. BorlandSupreme Court of Alabama · 1843
- Cummings v. McCulloughSupreme Court of Alabama · 1843
- Hobbs v. BibbSupreme Court of Alabama · 1829
3Cited by19 opinions
- Donnell v. JonesSupreme Court of Alabama · 1848
- Loos v. . WilkinsonNew York Court of Appeals · 1889
- Hamilton National Bank v. HalstedNew York Court of Appeals · 1892
- Longmire v. StateSupreme Court of Alabama · 1900
- Upson v. RaifordSupreme Court of Alabama · 1856
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