Ryall v. Prince
Supreme Court of Alabama
Appeal from the Circuit Court of Marengo. Tried before the Hon. S. H. Sprott. This action was brought by A. C. Prince, against J. S. Ryall, and was commenced in a justice’s court, on the 8th February, 1886. The cause of action was a claim for $45.20, “ as interest on a purchase of land, due on the 1st December, 1884;” and on appeal to the Circuit Court, the common counts were added to the complaint.
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Appeal from the Circuit Court of Marengo. Tried before the Hon. S. H. Sprott. This action was brought by A. C. Prince, against J. S. Ryall, and was commenced in a justice’s court, on the 8th February, 1886. The cause of action was a claim for $45.20, “ as interest on a purchase of land, due on the 1st December, 1884;” and on appeal to the Circuit Court, the common counts were added to the complaint. The defendant pleaded the general issue, payment, former recovery, and a special plea, verified by affidavit, alleging that “ the writing declared on has not been assigned to plaintiff;” and issue…
1Opinion of the CourtSomerville, J.
— Tbe action is one originally commenced in a justice’s court, being brought by the plaintiff as the transferree -of a certain sum due by the defendant for the purchase-money of land, and payable by the vendee to the vendor in annual-installments. The promise to pay is evidenced by a covenant of the vendee contained in a deed, which is signed both by him and the vendor. The transfer to the plaintiff was verbal, and not by assignment in Writing.
It is insisted that the rule of the common law applies, that a stranger to a deed can not sue upon a covenant between the parties to the instrument,…
2Cases cited13 opinions
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