Donaldson's Adm'r v. Waters' Adm'r
Supreme Court of Alabama
Appeal from the Circuit Court of Tuskaloosa. Tried before the Hon. A. A. Coleman. This action was brought by the administrator of Peter Donaldson, deceased, against the administrator of John C. Waters, deceased, to recover the sum of $5,000, with interest, paid by said Donaldson to Waters, on the 7th January, 1837, as a part of the purchase-money for a tract of land ;'and was commenced on the 6th February, 1857, after the decision of the supreme court had been pronounced in…
Read the full summary
Appeal from the Circuit Court of Tuskaloosa. Tried before the Hon. A. A. Coleman. This action was brought by the administrator of Peter Donaldson, deceased, against the administrator of John C. Waters, deceased, to recover the sum of $5,000, with interest, paid by said Donaldson to Waters, on the 7th January, 1837, as a part of the purchase-money for a tract of land ;'and was commenced on the 6th February, 1857, after the decision of the supreme court had been pronounced in the former case between the same parties, reported in 30 Ala. 175. The complaint contained three counts ; the first and…
1Opinion of the CourtA. J. Walker, C. J.
No decision of this court is infringed, and no principle violated, by maintaining that *116the purchaser of land, under a verbal contract, cannot recover back the purchase-money paid, when he has gone into and enjoyed the possession for many years, unless the contract is rescinded. — Donaldson’s Adm’r v. Waters, 30 Ala. 175; Waters v. Spencer, 22 Ala. 460; Gillespie v. Battle, 15 Ala. 276 ; Rhodes v. Storr, 7 Ala. 346; Bates v. Terrell, ib. 129; Johnson v. Hanson, 6 Ala. 351; Cope v. Williams, 4 Ala. 362; Castleberry v. Pierce, 5 S. & P. 150; Meredith v. Naish, 3 St. 207; Allen v. Booker, 2 St.…
2Cases cited6 opinions
- Gillespie v. BattleSupreme Court of Alabama · 1849
- Donaldson's Adm'r v. Waters' Adm'rSupreme Court of Alabama · 1857
- Cope v. WilliamsSupreme Court of Alabama · 1842
- Waters v. SpencerSupreme Court of Alabama · 1853
- Rhodes' Administrators v. StorrSupreme Court of Alabama · 1845
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Nelson v. Shelby Manufacturing & Improvement Co.Supreme Court of Alabama · 1893
- McMahan v. JacowaySupreme Court of Alabama · 1894