Tippett v. Gandy
Supreme Court of Alabama
Appeal from Coosa Circuit Court. Heard before Hon. S. L. Brewer. Action by J. J. G-andy against T. J. Tippett, for money had and received. Judgment for plaintiff and defendant appeals. The complaint contained the common count, on an account stated, on open account, for money loaned and for money had and received.
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Appeal from Coosa Circuit Court. Heard before Hon. S. L. Brewer. Action by J. J. G-andy against T. J. Tippett, for money had and received. Judgment for plaintiff and defendant appeals. The complaint contained the common count, on an account stated, on open account, for money loaned and for money had and received. The 2nd plea is as follows: Defendant says that the money therein claimed was by the plaintiff voluntarily paid to the defendant, the plaintiff having at the time of such payment a full knowledge of all the facts under which the same was so voluntarily paid, and that it was so paid…
1Opinion of the CourtMayfield, J.
Tim ease made by the record is pronerly stated hv counsel as follows:
“This case is the sequel of Gandy v. Tippett, reported in 155 Ala. 296, 46 South. 463. Gandy had attempted to purchase the statutory right of redemption of the *377widow of' a mortgagor, and, having received a deed from such widow, tendered the amount Of money required to redeem to T. J. Tippett, purchaser at foreclosure sale. Tippett received the money and signed a deed, but afterwards denied Gandy’s right to redeem. Gandy and Tippett agreed to submit the matter of the right to redeem to arbitration, .and also to submit to the…
2Cases cited2 opinions
- Gaudy v. TippettSupreme Court of Alabama · 1908
- Abrams v. StateSupreme Court of Alabama · 1908
3Cited by1 opinion
- Banks v. WindhamAlabama Court of Appeals · 1913