School Commissioners v. Aikin
Supreme Court of Alabama
On writ of error to the Circuit Court of Tuska-loosa county. This was an action of assumpsit against the defendant in error, in the Court below, and was prosecuted in the name of the school commissioners of township twenty-two of range ten, west.
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On writ of error to the Circuit Court of Tuska-loosa county. This was an action of assumpsit against the defendant in error, in the Court below, and was prosecuted in the name of the school commissioners of township twenty-two of range ten, west. The declaration disclosed that at an election, duly held by the plaintiffs, in township twenty-two, of range ten, west, in the county of Tuscaloosa, on the twelfth day of October, in the year of our Lord, eighteen hundred and thirty-three, to ascertain the sense orf the qualified electors, inhabitants of said township, respecting the sale of the…
1Opinion of the CourtGoldthwaite, J.
The declaration in this cause, contains two counts in assumpsit, one a general indebitatus, and the other, special, on a contract therein set out. A* demurrer was interposed in the Court below, on which judgment was rendered for the defendant, and this judgment is now sought to be reversed.
The indebitatus count, is for one hundred and sixty acres of land, alleged to have been sold by the plaintiffs to the defendants, and presents the general question, whether they can hold lands, in any way or under any circumstances, whatever; for if they are enabled to hold lands, it would seem difficult to…
2Cited by3 opinions
- Hutton v. WilliamsSupreme Court of Alabama · 1860
- Robinson v. GarthSupreme Court of Alabama · 1844
- McKemie v. GormanSupreme Court of Alabama · 1880