Sivoly v. Scott
Supreme Court of Alabama
Appeal from the Circuit Court of Blount. Tried before the Hon. "W. J. Haralson. This action was brought by Thomas O. Sivoly, against Mahlon Scott, George D. Shelton, and J. B. Dines; and was founded on three promissory notes, given for the purchase-money of a tract of land sold by plaintiff to said Scott, the other defendants signing the notes as sureties for said Scott.
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Appeal from the Circuit Court of Blount. Tried before the Hon. "W. J. Haralson. This action was brought by Thomas O. Sivoly, against Mahlon Scott, George D. Shelton, and J. B. Dines; and was founded on three promissory notes, given for the purchase-money of a tract of land sold by plaintiff to said Scott, the other defendants signing the notes as sureties for said Scott. The defendants pleaded, “in short by consent, 1st, non assumpsit; 2d, payment; 3d, failure of consideration; Ath, want of consideration; 5th, fraud; 6th, set-off;” and issue was joined on these pleas. On the trial, as appears…
1Opinion of the CourtStone, J.
Neither the demurrer in this cause, nor the action of the court upon it, is shown in the pleadings, or in the judgment entry. They are only brought to our notice in the bill of exceptions. We have repeatedly held, that rulings on demurrer, when thus presented, will not be considered in this court. — Dill v. Petty, 53 Ala. 641.
2. In Cullum v. Branch Bank at Mobile, 4 Ala. 21, suit had been instituted on notes given in the purchase of lands. Title had been made to the purchaser, and he had not been evicted. It was pleaded in defense of the action at law, that the vendor had not title, and that…
2Cases cited4 opinions
- Cullum v. Branch of the Bank of AlabamaSupreme Court of Alabama · 1842
- Petty v. DillSupreme Court of Alabama · 1875
- Kelly's Heirs v. AllenSupreme Court of Alabama · 1859
- Hickson v. LingoldSupreme Court of Alabama · 1872
3Cited by10 opinions
- Liverpool London Globe Ins. Co v. McCreeSupreme Court of Alabama · 1924
- Meeks v. GarnerSupreme Court of Alabama · 1890
- Maxwell v. ShermanSupreme Court of Alabama · 1911
- Thayer v. StateSupreme Court of Alabama · 1902
- Jackson v. ElliottSupreme Court of Alabama · 1892
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