Fitzpatrick v. Hanrick
Supreme Court of Alabama
Error to the Circuit Court of Macon. Debt, by the plaintiff in error, on a penal bond of the following tenor: We hereby bind ourselves in the penal sum of one thousand dollars, to convey to Joseph Fitzpatrick, son of Bird Fitzpatrick, a half section of land, situate in Macon county, Alabama, worth five hundred dollars, on a patent issued to William Walker, or to Edward Hanrick, as executor of William Walker’s estate, to the N. 1-2, 31, 15, 23, situate in Macon county, Ala.
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Error to the Circuit Court of Macon. Debt, by the plaintiff in error, on a penal bond of the following tenor: We hereby bind ourselves in the penal sum of one thousand dollars, to convey to Joseph Fitzpatrick, son of Bird Fitzpatrick, a half section of land, situate in Macon county, Alabama, worth five hundred dollars, on a patent issued to William Walker, or to Edward Hanrick, as executor of William Walker’s estate, to the N. 1-2, 31, 15, 23, situate in Macon county, Ala. Witness our hands and seals, this 16th Deck, 1843. Edw. Hanrick, (seal.) Lemuel Merill, (seal.) Geo. Stone. (seal.) The…
1Opinion of the CourtOrmond, J.
The objection to this declaration, because it does not aver a demand of the obligors, before the action was brought, cannot be maintained. The case of Wade v. Killough, 5 S. & P. 450, establishes the necessity for such a demand, where the obligor covenants to make a démand on a day certain; but where the ability of the obligor to make title depends upon a fact within his own knowledge, or upon the happening of an event of which he has better means of knowledge than the obligee, it is his duty to give notice to the. obligee of his ability to perform his contract, and if this is not done, he…
2Cases cited1 opinion
- Williams v. HarperSupreme Court of Alabama · 1840
3Cited by1 opinion
- Lundie v. BradfordSupreme Court of Alabama · 1855