Allen v. State Bank
Supreme Court of Alabama
Error to the Circuit Court of Wilcox. Before the Hon. Geo. W. Stone. The court below erred in the charge given, and in refusing to give the charge asked for. Pam. Acts, ’45-6, p. 49. This act provides, that “a majority of the voters of the township in which such 16th section lies, voting in township meeting, &c.,, shall have full power to rescind or cancel the contract of sale,” Sfc.
Read the full summary
Error to the Circuit Court of Wilcox. Before the Hon. Geo. W. Stone. The court below erred in the charge given, and in refusing to give the charge asked for. Pam. Acts, ’45-6, p. 49. This act provides, that “a majority of the voters of the township in which such 16th section lies, voting in township meeting, &c.,, shall have full power to rescind or cancel the contract of sale,” Sfc. If due notice of the township meeting was given, and in pursuance of such notice, a majority of the voters of the township attended such meeting, and a majority of those in attendance voted to rescind the…
1Opinion of the CourtDargan, J.
This suit is brought on four notes, given for the purchase of sixteenth section lands. The defence was, that the contract of sale had been rescinded, under the authority of the act of the 4th of February, 1846, by a vote of the township, at a township meeting, held for that purpose, with the consent of the
The evidence shows, that there were fifty-six or seven qualified voters in the township, but only thirty-five votes were given: of these, eighteen were in favor of a rescission of the contract, and seventeen opposed to it. The defendants requested the court to charge the jury, that if they…
2Cases cited1 opinion
- Lewis v. Br. Bank at MontgomerySupreme Court of Alabama · 1844