Legal Opinion

Troy v. Bland

Supreme Court of Alabama

Decided December 15, 1877PublishedCited by 4 opinions

Appeal from the Circuit Court of Dallas. Tried before Hon. George H. Craig. The opinion states the facts. The money was paid4 in compromise of a doubtful claim, and it cannot be recovered back. The appellee had full knowledge of the facts, and no fraud or imposition was practiced on him.

Read the full summary

Appeal from the Circuit Court of Dallas. Tried before Hon. George H. Craig. The opinion states the facts. The money was paid4 in compromise of a doubtful claim, and it cannot be recovered back. The appellee had full knowledge of the facts, and no fraud or imposition was practiced on him. No matter how mistaken he may have been as to his rights under the law, he cannot recover back the money paid and received in compromise of what was considered .a doubtful right. — 34 Ala. 400. To render valid the compromise of a litigation, it is not necessary that the question in dispute should really be…

1Opinion of the CourtStone, J.

The present action was instituted-to recover back money paid May 10th, 1870, on the ground that it was paid involuntarily, in excess of what was due. Appellant’s intestate had, in 1867, recovered judgments against the ap-pellee for over ten thousand dollars, on debts contracted in 1858. Executions for the collection of these judgments were in the hands of the coroner acting as sheriff, and had been levied on lands of the defendant, which were about to be advertised and sold. Plaintiff’s attorney had endorsed on the executions, pursuant to instructions, that “the clerk and *199sheriff are required…

2Cases cited5 opinions

  1. McKinley v. WatkinsIllinois Supreme Court · 1851
  2. Good v. HerrSupreme Court of Pennsylvania · 1844
  3. Bennet v. PaineSupreme Court of Pennsylvania · 1836
  4. Billingslea v. WareSupreme Court of Alabama · 1858
  5. Payne v. BennetSupreme Court of Pennsylvania · 1834

3Cited by4 opinions

  1. Western Grain Company CasesSupreme Court of Alabama · 1955
  2. Ingalls Iron Works Company v. IngallsDistrict Court, N.D. Alabama · 1959
  3. Bunel v. O'DayU.S. Circuit Court for the District of Western Missouri · 1903
  4. Western Grain Company CasesSupreme Court of Alabama · 1955

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API