Clay v. Dennis
Supreme Court of Alabama
Error to the Circuit Court of Tallapoosa.. TO an action of debt on promissory note, brought by the defendant in error, in the Court below, the plaintiff in error pleaded, that the note on which the action was founded, was-given for the north halves of two lots, in the town of Dadeville; that said lots were purchased from the Commissioners of Dade-ville, by one John C. Webb, and as a consideration of the sale, the payment for said lots was to be made before they could be…
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Error to the Circuit Court of Tallapoosa.. TO an action of debt on promissory note, brought by the defendant in error, in the Court below, the plaintiff in error pleaded, that the note on which the action was founded, was-given for the north halves of two lots, in the town of Dadeville; that said lots were purchased from the Commissioners of Dade-ville, by one John C. Webb, and as a consideration of the sale, the payment for said lots was to be made before they could be obtained from, the Commissioners; that the plaintiff, who purchased the lots from Webb, well knew at the time he sold said…
1Opinion of the Court
ORMOND, J
Wc understand the plea, to state in substance, that the note in suit, was given for an interest in two lots in the town of Dadeville; that the lots were, in the first instance, purchased from the Commissioners of the town, by one Webb, the condition of the sale to him being, that the title was not to be made, until the payment of the purchase money, and that full payment has not been made by Webb, who is now dead: that with a knowledge of these facts, the plaintiff fraudulently sold the lots to the defendant, and cannot make, or obtain to be made a title thei’efor, and that the…
2Cases cited2 opinions
- Clemens v. LogginsSupreme Court of Alabama · 1840
- Young v. TriplettCourt of Appeals of Kentucky · 1824
3Cited by11 opinions
- Phœnix Insurance v. MoogSupreme Court of Alabama · 1884
- City Council of Montgomery v. Gilmer & TaylorSupreme Court of Alabama · 1858
- Flewellen v. CraneSupreme Court of Alabama · 1877
- Kelly's Heirs v. AllenSupreme Court of Alabama · 1859
- Tiner v. StateSupreme Court of Alabama · 1960
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