Smith v. Anders
Supreme Court of Alabama
'Error to the Circuit Court of Tuskaloosa. Tried before the Hon. Thomas A. Walker. Trespass to try titles to certain lands described in the declaration by Ezekiel Anders v. James P. Smith. The writ appears to have been issued on the 17th of May, 1850. The declaration is in the usual form.
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'Error to the Circuit Court of Tuskaloosa. Tried before the Hon. Thomas A. Walker. Trespass to try titles to certain lands described in the declaration by Ezekiel Anders v. James P. Smith. The writ appears to have been issued on the 17th of May, 1850. The declaration is in the usual form. The defendant pleaded, first, not guilty; and secondly, as follows: “And for further plea the defendant saith, the plaintiff ought not farther to maintain his suit; because, he says, that the said lands, in the plaintiff’s declaration mentioned, were sold under and by virtue of a deed of trust, executed by…
1Opinion of the CourtLKxON, J.
— -As a plea of tender, the one found in this record is bad for several reasons. First, because, on its face it shows that the sum tendered is less than the plaintiff below had a right to demand, and the defendant was bound to pay, before he was, under our statute, entitled to require a re-conveyance of the lands. It appears by the plea, that the lands were bid off by ihe defendant in error at the sum of $100, and the amount tendered was only $105, when the statute requires that the purchase money, with ten per cent., shall be tendered, before the purchaser is bound to re-convey to the…
2Cases cited3 opinions
- Thomason v. ScalesSupreme Court of Alabama · 1847
- Pollard v. TaylorSupreme Court of Alabama · 1848
- Retan v. DrewNew York Supreme Court · 1838
3Cited by9 opinions
- Rudulph v. WagnerSupreme Court of Alabama · 1860
- Paulling v. MeadeSupreme Court of Alabama · 1853
- Decker v. State Nat. BankSupreme Court of Alabama · 1951
- Birmingham Purchasing Co. v. ColvinSupreme Court of Alabama · 1929
- Gardner v. BlackSupreme Court of Alabama · 1893
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