Whiteside v. Jennings
Supreme Court of Alabama
ERROR to the Circuit Court of Benton., Tried before the-Hon. L. P. Walker.. This was an action of debt by Jennings against Whiteside and others, on a bond executed by the defendants, who had been appointed by the Judge of the Orphans’ Court commissioners to-sell the real estate belonging to Owen Jenkins, deceased, conditioned that they should make or cause to be made to the plaintiff a fee simple title to certain lands therein described.
Read the full summary
ERROR to the Circuit Court of Benton., Tried before the-Hon. L. P. Walker.. This was an action of debt by Jennings against Whiteside and others, on a bond executed by the defendants, who had been appointed by the Judge of the Orphans’ Court commissioners to-sell the real estate belonging to Owen Jenkins, deceased, conditioned that they should make or cause to be made to the plaintiff a fee simple title to certain lands therein described. Suit had been brought and judgment recovered against the plaintiff on, his notes for the purchase money, in the name of the payees for-the use of the…
1Opinion of the CourtColeman, J.
The first and most important question presented for our consideration in this case is, whether by law tho defendant in the-court below can be charged personally on tho -covenant sued on 1 The covenant is in these words :
c‘ The State of Alabama, Benton County.
"u Know all men by these presents, that we, Joel Graham, •John W» Whiteside and William Champion’, commissioners appointed by the honorable the Judge of the County Court of said county, to sell the real estate of Owen Jenkins, deceased, are held and firmly bound unto John B. Jennir.gs in the penal sum of $998, for the payment of which…
2Cases cited8 opinions
- Hopkins v. LeeSupreme Court of the United States · 1821
- Violett v. PattonSupreme Court of the United States · 1809
- Hodgson v. DexterSupreme Court of the United States · 1803
- Baldwin v. MunnNew York Supreme Court · 1829
- Pinkston v. HuieSupreme Court of Alabama · 1846
3 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Foley v. McKeeganSupreme Court of Iowa · 1856
- Hammond v. HanninMichigan Supreme Court · 1870
- Riggs v. FullerSupreme Court of Alabama · 1875
- Kirkpatrick v. DowningSupreme Court of Missouri · 1874
- Stow v. Bozeman's ExecutorsSupreme Court of Alabama · 1856
15 more not listed; retrieve them via the Exa API.