Ala. Gold Life Insurance v. Oliver
Supreme Court of Alabama
Appeal from the Circuit Court of Shelby. Tried before the Hon. S. H. Sprott. This action was brought by the appellant, a domestic corporation, suing as assignee, against H. L. Oliver and C. D. Oliver; was founded on the defendants’ promissory note for $125, dated the 1st December, 1879, and payable twelve months after date, to the order of T. N. Fowler; and was commenced on the 9th July, 1883. The record does not show what pleas were,filed, but there was a verdict for the…
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Appeal from the Circuit Court of Shelby. Tried before the Hon. S. H. Sprott. This action was brought by the appellant, a domestic corporation, suing as assignee, against H. L. Oliver and C. D. Oliver; was founded on the defendants’ promissory note for $125, dated the 1st December, 1879, and payable twelve months after date, to the order of T. N. Fowler; and was commenced on the 9th July, 1883. The record does not show what pleas were,filed, but there was a verdict for the defendants on issue joined. It was proved on the trial, as the bill of exceptions shows, that the note was given for the…
1Opinion of the CourtClopton, J.
The legal effect and import of the conveyance from Mrs. Smith to the defendant, C. D. Oliver, are ro vest in him all the estate in the lands conveyed, which she held and owned at the time of its execution ; and can not, as between the parties, be substantially added to, or diminished, or varied, by evidence of parol agreements, prior or cotemporaneons. The lands having been previously rented for an unexpired term, of which the grantee, being a surety on the note for the payment of the rent, had notice, he accepted and took the conveyance subject to the lease. — Comer v. Sheehan, 74 Ala. 452.…
2Cases cited5 opinions
- Westmoreland & Trousdale v. FosterSupreme Court of Alabama · 1877
- Comer v. SheehanSupreme Court of Alabama · 1883
- Tubb v. FortSupreme Court of Alabama · 1877
- Thompson v. SpinksSupreme Court of Alabama · 1847
- Steed v. HinsonSupreme Court of Alabama · 1884
3Cited by11 opinions
- Oliver v. Ala. Gold Life InsuranceSupreme Court of Alabama · 1886
- Chicago, Mobile Development Co. v. G. C. Coggin Co.Supreme Court of Alabama · 1953
- Combs v. CombsTennessee Supreme Court · 1914
- Greenwood v. BennettSupreme Court of Alabama · 1922
- Young v. GarberSupreme Court of Alabama · 1906
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