Pond v. Lockwood
Supreme Court of Alabama
Writ of Error to the Court of Chancery sitting at Montgomery. The plaintiffs in error filed their bill, setting forth that on or aboutthe first of March, 1838, the complainant, Pond, purchased of Robert Harwell a certain lot situate in the city of Montgomery, the number, size and location of which are particularly described.
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Writ of Error to the Court of Chancery sitting at Montgomery. The plaintiffs in error filed their bill, setting forth that on or aboutthe first of March, 1838, the complainant, Pond, purchased of Robert Harwell a certain lot situate in the city of Montgomery, the number, size and location of which are particularly described. Harwell covenanted with his vendee that he was lawfully seized in fee of the premises, that they were free from in-cumbrances, and that he had good right to sell and convey the same: Further, that he would warrant and defend the premises to Pond, his heirs, &c. On the…
1Opinion of the Court
COLLIER, O. J.
In Swift v. Tyson, 16 Peter’s Rep. 1, the Court say, there is no doubt that a bona fide holder of a negotiable instrument, for a valuable consideration, without any notice of the facts which implicate its validity, as between the antecedent parties, if he take under an indorsement made before the same becomes due, holds the title unaffected by those facts; and may recover thereon, although as between the antecedent parties, the transaction may be without any legal validity. And further, where one acquires negotiable paper before it is due, he is not bound to prove that he is a…
2Cases cited5 opinions
- Cullum v. Branch of the Bank of AlabamaSupreme Court of Alabama · 1842
- Bank of Mobile v. HallSupreme Court of Alabama · 1844
- Tarver's Ex'rs v. BoykinSupreme Court of Alabama · 1844
- Beal v. Wainwright, Shields & Co.Supreme Court of Alabama · 1844
- O'Hara v. Bank at HawkinsvilleSupreme Court of Alabama · 1841
3Cited by11 opinions
- City of Huntsville v. MillerSupreme Court of Alabama · 1958
- Dickinson v. BradfordSupreme Court of Alabama · 1877
- Capital City Insurance v. QuinnSupreme Court of Alabama · 1883
- McDowell v. HerrenSupreme Court of Alabama · 1929
- O'Donnell v. HenleyIllinois Supreme Court · 1927
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