Legal Opinion

Saint v. Britnell

Supreme Court of Alabama

Decided October 20, 1921No. 8 Div. 378Published

Appeal from Circuit Court, Franklin County; C. P. Almon, Judge. Assumpsit by Robert Saint, as administrator of the estate of Nancy Sugg, against B. E. Britnell. Judgment for defendant, and the plaintiff appeals.

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Appeal from Circuit Court, Franklin County; C. P. Almon, Judge. Assumpsit by Robert Saint, as administrator of the estate of Nancy Sugg, against B. E. Britnell. Judgment for defendant, and the plaintiff appeals. Transferred from Court of Appeals under section 6, Acts 1911, page 449. The complaint alleged that Nancy Sugg departed this life on the 1st day of August, 1919; that Robert had been duly appointed administrator of her estate, and that Britnell had failed and refused to pay the installment due October 20, 1919, of $200, on his purchase of the life estate of said Nancy Sugg. The…

1Opinion of the CourtMcCLELLAN, J.

The appellant, as administrator of the estate of Nancy Sugg, sued the appellee for $200. The claim averred was referred to a written contract, executed by Nancy Sugg and the appellee. The single count in the complaint proceeded on the expressly avowed theory that the writing evidenced a sale, consummated, of the life estate of Nancy Sugg in certain lands,, the purchase price therefor being stipulated as $200 a year, payable October 20th of each year during the life of Nancy Sugg. The instrument (omitting the description) is reproduced in the report of the appeal. The court gave the general…

2Cases cited4 opinions

  1. English v. KeySupreme Court of Alabama · 1863
  2. Schillinger v. LearySupreme Court of Alabama · 1917
  3. Graham v. GrahamSupreme Court of Alabama · 1921
  4. Ellis v. DrakeSupreme Court of Alabama · 1921

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