Magee v. Fisher
Supreme Court of Alabama
Error to the County Court of Mobile. Debt, by the plaintiff in error. The declaration describes “a certain indenture of lease,” executed by the plaintiff of one part, and the defendants of the other part, of which profert is made, by which, “the plaintiff did lease and to farm let, to the defendants, a certain messuage, &c., to have and to hold for the term of one year, &c., yielding,” &c.
Read the full summary
Error to the County Court of Mobile. Debt, by the plaintiff in error. The declaration describes “a certain indenture of lease,” executed by the plaintiff of one part, and the defendants of the other part, of which profert is made, by which, “the plaintiff did lease and to farm let, to the defendants, a certain messuage, &c., to have and to hold for the term of one year, &c., yielding,” &c. “ And the said defendant, did then, and there, covenant, promise, and agree, to and with, the plaintiff, to pay him the said sum of #550, at the said several times aforesaid.” It then avers an entry upon…
1Opinion of the CourtOrmond, J.
The objection in this case, is purely technical; nevertheless if well founded, we have no authority to disregard it. It having been found in practice, frequently difficult to determine, whether an instrument was to be considered as sealed, or not, the Legislature passed the following declaratory act: “ All covenants, conveyances, and all contracts, which import on their face to be under seal, shall be taken and held to be sealed instruments, and shall have the same effect as if the seal of the party or parties were affixed thereto, whether there be a scroll to the name of such parties, or…
2Cited by2 opinions
- Snedecor v. PopeSupreme Court of Alabama · 1904
- Brewer v. ThorpSupreme Court of Alabama · 1859