Rhodes' Administrators v. Storr
Supreme Court of Alabama
Writ of error to the Circuit Court of Butler. Assumpsit by Rhodes against Storr, on a promissory note made by the latter to one Skanes and by him indorsed to Rhodes. The defendant pleaded, 1. Non-assumpsit. 2. Fraud. 3. The statute of frauds and perjuries. 4. That the promissory note was given on, and in consideration of, a parobcontract for land. These pleas are said to be pleaded in short, by consent, and a demurrer is interposed in the same manner.
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Writ of error to the Circuit Court of Butler. Assumpsit by Rhodes against Storr, on a promissory note made by the latter to one Skanes and by him indorsed to Rhodes. The defendant pleaded, 1. Non-assumpsit. 2. Fraud. 3. The statute of frauds and perjuries. 4. That the promissory note was given on, and in consideration of, a parobcontract for land. These pleas are said to be pleaded in short, by consent, and a demurrer is interposed in the same manner. What judgment, if any, was given on this demurrer, does not appear. The cause was tried before a jury, and there was a verdict for the…
1Opinion of the CourtGoldthwaite, J.
— On the facts presented by the bill of exceptions, this case is, in principle, essentially the same as Cope v. Williams, 4 Ala. Rep. 362. Indeed the only distinction between them is, that there the defendant had possession of the lands, when here it was abandoned pending the suit. The statute of frauds, however, has no bearing on this case, 'as the action is not upon any contract in relation to the sale of lands. The contracts which the statute operates on, are those which are unexecuted, and in which the action has to be on the contract itself. ( Such was the case of Johnson v. Hanson, 6…
2Cases cited3 opinions
- Cope v. WilliamsSupreme Court of Alabama · 1842
- Meredith v. NaishSupreme Court of Alabama · 1830
- Johnson v. HansonSupreme Court of Alabama · 1844
3Cited by8 opinions
- Gillespie v. BattleSupreme Court of Alabama · 1849
- Raycraft v. JohnstonCourt of Appeals of Texas · 1906
- Schierman v. BeckettIndiana Supreme Court · 1882
- Houston v. HiltonSupreme Court of Alabama · 1880
- McMahan v. JacowaySupreme Court of Alabama · 1894
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