Goodlett v. Kelly
Supreme Court of Alabama
Appeal from the Chancery Court of Lawrence. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on 30th September, 1879, by David C. (xoodlett, against John W. Hansell and others, children and heirs of John H. Hansell and Carrie R. Hansell, both deceased, and against one Terence Kelly; and sought the specific execution of a contract for a sale or exchange of lots, alleged to have been made between the complainant and Mrs. Hansell, on or about the 29th June,…
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Appeal from the Chancery Court of Lawrence. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on 30th September, 1879, by David C. (xoodlett, against John W. Hansell and others, children and heirs of John H. Hansell and Carrie R. Hansell, both deceased, and against one Terence Kelly; and sought the specific execution of a contract for a sale or exchange of lots, alleged to have been made between the complainant and Mrs. Hansell, on or about the 29th June, 1873. At the time this contract was made, the complainant was in possession of a house and lot in Decatur, which he had…
1Opinion of the CourtSomeryille, J.
— 'The complainant, Goodlett, is clearly not a competent witness, in the present suit, as to the trade or exchange of lands alleged to have taken place between himself and Mrs. Hansell during her life-time. He is excluded by the» provisions of section 3058 of the Code of 1876, as it has been repeatedly construed by the past decisions of this court. This land trade, for the specific performance of which the bill is filed, was a transaction with the deceased, involving many statements made by her as to its terms and conditions. If the suit were one directly against the estate of Mrs. Hansell,…
2Cases cited13 opinions
- Marler v. StateSupreme Court of Alabama · 1880
- Aday v. EcholsSupreme Court of Alabama · 1850
- Boykin v. SmithSupreme Court of Alabama · 1880
- Keel v. LarkinSupreme Court of Alabama · 1882
- Key v. JonesSupreme Court of Alabama · 1875
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3Cited by22 opinions
- McInturff v. Insurance Co. of North AmericaIllinois Supreme Court · 1910
- Fitzpatrick v. BrigmanSupreme Court of Alabama · 1900
- Hillens v. BrinsfieldSupreme Court of Alabama · 1895
- Brannan v. HenrySupreme Court of Alabama · 1912
- Metropolitan St. Ry. Co. v. GumbyCourt of Appeals for the Second Circuit · 1900
17 more not listed; retrieve them via the Exa API.