Bliss v. Smith
Supreme Court of Alabama
Writ of error to the Circuit Court of.Sumter county. ACTION of assumpsit, to recover thea'mount of a promissory note. No plea appears in the transcript of the record; but the cause was tried by a jury, as on issue joined. Verdict and judgment for the plaintiff.
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Writ of error to the Circuit Court of.Sumter county. ACTION of assumpsit, to recover thea'mount of a promissory note. No plea appears in the transcript of the record; but the cause was tried by a jury, as on issue joined. Verdict and judgment for the plaintiff. The defendant gave in evidence, a deed from John Yancey, the plaintiff’s intestate, to Moses Lewis, the defendant’s intestate, John C. Whitselt, Daniel Green, and Christopher C. Scott, for the south half of the S. W. quarter of section 20, in township ten north, of range eighteen east, with covenants of warranty, dated 30th July, 1835;…
1Opinion of the CourtGoldthwaite, J.
— 1. Much stress has-been laid on the circumstance of the vendor’s remaining, and dying, in the possession of the land sold and conveyed; but this is not so important as the counsel for the plaintiff in error considers it; because the possession of the vendor is in all eases, transferred to the vendee eo ins t anti with the execution of the conveyance, by the statute of uses; (Aik. Dig. 94, §. 37.)
2. This being the operation of the statute, the entire argument fails; for the authorities ci-ted, are conclusive to show, that the want of title is- no defence, where the possession remains with…
2Cited by6 opinions
- Kelly's Heirs v. AllenSupreme Court of Alabama · 1859
- Chapman v. GlassellSupreme Court of Alabama · 1848
- Munford v. PearceSupreme Court of Alabama · 1881
- Smith v. GordonSupreme Court of Alabama · 1902
- Mizamore v. BerglinSupreme Court of Alabama · 1916
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