Tarrance v. Hatfield
Supreme Court of Alabama
Appeal from Cleburne Circuit Court. Tried before Hon. W. L. WhitlocK. This was an action on a promissory note brought by H. Hatfield against H. Tarrance and G-. W. Alexander.
Read the full summary
Appeal from Cleburne Circuit Court. Tried before Hon. W. L. WhitlocK. This was an action on a promissory note brought by H. Hatfield against H. Tarrance and G-. W. Alexander. The defenses relied on in the court below were, in substance, (1) that the note was founded on an illegal consideration, in that it was a sale of an imperfect pre-emption or homestead right, and, therefore, violative of the statutes of the United States; and (2) that the note was void under the statute of frauds. The trial resulted in a verdict and judgment for the plaintiff, and from the judgment the defendants…
1Opinion of the CourtStone, J.
The defense attempted in this case misapprehends the nature of the contract declared on. The consideration of the note was not an interest in land, nor was it a sale of a homestead or pre-emption right. Hatfield neither claimed, nor attempted to sell either. Pollard had taken steps to secure the lands as a homestead, under the acts of Congress, commencing with section 2289 of the Revised.Statutes. He had made improvements by erecting houses, clearing lands, etc.; and at the end of two years, he abandoned all intention of securing the lands as a homestead, and executed a relinquishment of all…
2Cases cited4 opinions
- Pettit's Adm'r v. Pettit's DistributeesSupreme Court of Alabama · 1858
- Lindsey v. VeasySupreme Court of Alabama · 1878
- Cassell v. CollinsSupreme Court of Alabama · 1853
- Scoggin v. SlaterSupreme Court of Alabama · 1853
3Cited by1 opinion
- Dohr v. WolfgangWisconsin Supreme Court · 1912