Foreman v. Hardwick
Supreme Court of Alabama
Writ of Error to the Court of Chancery sitting in St. Clair. The defendant in error exhibited his bill, setting forth that he made a wager in the year 1840, with the plaintiff, upon the result of the presidential election, then pending between Martin Van Burén and Wm. H. Harrison.
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Writ of Error to the Court of Chancery sitting in St. Clair. The defendant in error exhibited his bill, setting forth that he made a wager in the year 1840, with the plaintiff, upon the result of the presidential election, then pending between Martin Van Burén and Wm. H. Harrison. This wager was made as follows, viz : the complainant executed a deed founded professedly upon a monied consideration, for the west half of the south-west quarter of section 19 in township 15, and range 3, east, situate in the county of St. Clair; the defendant executed a similar deed for a half quarter section of…
1Opinion of the CourtCollier, C. J.
The agreement of the parties most essentially changed the frame work of the bill, and shows that the coiliplainant was greatly at fault in the statement of his case. Instead of seeking to be reinvested with the title and possession of land, which he had lost at gaming, the complainant is understood to state as the ground upon which he *325asks relief, that he had sold the land in question to the defendant for four hundred dollar's, taken his note for this sum, and that the latter had won it from him. There is no special prayer adapted to the case as thus modified, and the general prayer which the…
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