Hess v. Cheney
Supreme Court of Alabama
Appeal from the Circuit Court of Jackson. Tried before the Hon. John B. Tally. This action was brought by Amanda E. Cheney against James A. Hess, and was founded on the defendant’s promissory note for $1,500, which was dated November 2d, 1882, payable to the plaintiff, or order, on the 25th December, 1883, and recited on its face that it was given “in part payment for a tract of land purchased from her this day, situated on the south side of the Tennessee river, in Jackson…
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Appeal from the Circuit Court of Jackson. Tried before the Hon. John B. Tally. This action was brought by Amanda E. Cheney against James A. Hess, and was founded on the defendant’s promissory note for $1,500, which was dated November 2d, 1882, payable to the plaintiff, or order, on the 25th December, 1883, and recited on its face that it was given “in part payment for a tract of land purchased from her this day, situated on the south side of the Tennessee river, in Jackson county, Alabama, and fully described in her deed for said lands dated this day, containing 375 acres, more or less.” The…
1Opinion of the CourtClopton, J.
— In Minge v. Smith, 1 Ala. 415, the bond for titles, after describing the lands by divisions and subdivisions according to the government survey, contained the following clause: “ The whole of the within described lands contain, in all, twelve hundred and sixty-eight and seventy-one one-hundredths acres.” It was held that this clause, being in a sentence entirely distinct from the description of the lands, was not descriptive, and, in order that it might have some office, that it was a covenant as to quantity. The general rule was recognized, that when there is a sale of lands according to…
2Cases cited5 opinions
- Winston v. BrowningSupreme Court of Alabama · 1878
- Wright v. WrightSupreme Court of Alabama · 1859
- Minge v. SmithSupreme Court of Alabama · 1840
- Rogers v. PeeblesSupreme Court of Alabama · 1882
- Williams v. GloverSupreme Court of Alabama · 1880
3Cited by9 opinions
- Hodges v. DennySupreme Court of Alabama · 1888
- Corley v. VizardSupreme Court of Alabama · 1919
- Manning v. CarterSupreme Court of Alabama · 1917
- Thompson v. SheppardSupreme Court of Alabama · 1888
- Pearson v. HeardSupreme Court of Alabama · 1902
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