Carroll v. Powell
Supreme Court of Alabama
Appeal from the Circuit Court of Cherokee. Tried before Hon. W. L. Whitlock. This was an action brought by Powell, as executor of the last will and testament of John Anderson, deceased, to recover of Oarroll the amount bid by him for certain lands of appellee’s testator, sold by appellee at public outcry.
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Appeal from the Circuit Court of Cherokee. Tried before Hon. W. L. Whitlock. This was an action brought by Powell, as executor of the last will and testament of John Anderson, deceased, to recover of Oarroll the amount bid by him for certain lands of appellee’s testator, sold by appellee at public outcry. The complaint was as follows: “ The plaintiff, who sues as executor of the last will of John Anderson, deceased, claims of the defendant four hundred dollars due as the purchase-money of eighty acres of land, more or less, known as the'east half of the southeast quarter section 24, township…
1Opinion of the CourtPeck, C. J.
The only questions which will be considered in this opinion are those arising on the plea of the statute of frauds. The view we take of this statute renders necessary the reversal of the judgment, and will probably be decisive of the case on another trial.
The sale set out in the complaint is undoubtedly within the statute of frauds, and void, unless it is withdrawn from the influence of the statute by the evidence of the plaintiff. This ’ the plaintiff does not deny, but insists that the evidence is sufficient for that purpose. Before examining this evidence, the demurrer of defendant to the…
2Cases cited1 opinion
- Hutton v. WilliamsSupreme Court of Alabama · 1860
3Cited by9 opinions
- Nelson v. Shelby Manufacturing & Improvement Co.Supreme Court of Alabama · 1893
- Formby v. WilliamsSupreme Court of Alabama · 1919
- Carter v. ShorterSupreme Court of Alabama · 1876
- Bullen v. BullenSupreme Court of Alabama · 1935
- Ezzell v. S. G. Holland Stave Co.Supreme Court of Alabama · 1924
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