Wade v. Killough
Supreme Court of Alabama
David Killough declared in debt, in Jefferson Circuit court against Reuben Wade, on a promissory note, payable 25th December, 1828. The defendant plead, first, the general issue; second, a special plea, averring that'the said note had been given in consideration of real estate, and that said Killough possessed no title threto; insisting generally on a failure of consideration.
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David Killough declared in debt, in Jefferson Circuit court against Reuben Wade, on a promissory note, payable 25th December, 1828. The defendant plead, first, the general issue; second, a special plea, averring that'the said note had been given in consideration of real estate, and that said Killough possessed no title threto; insisting generally on a failure of consideration. The record showed a judgment on demurrer to the second plea; and a subsequent judgment on the verdict of a jury, for the plaintiff, upon the defence of failure of consideration. " A bill of exceptions taken in the…
1Opinion of the CourtSafe old, J.
The assignments of error, may be embraced in two, as follow :
1st. That-the court rendered judgment, for the plaintiff below, as on demurrer; when there was no demurrer filed.
2d. The court, (if one be intended,) erred, in overruling the demurrer, and, in refusing to charge the jury, as requested ; and, in deciding, that it was necessary, for the defendant below, to place the plaintiff in statu quo, before he could resist the payment of the note.
First. The plaintiff in error, relies on the decision of' this court in the case of Old vs. Sear gent,a in port of his first assignment.
It is true, the…
2Cases cited3 opinions
- Parker v. ParmeleNew York Supreme Court · 1822
- Obermyer v. NicholsSupreme Court of Pennsylvania · 1813
- Mason v. ChambersCourt of Appeals of Kentucky · 1823
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