Pearce v. Nix
Supreme Court of Alabama
Appeal from the Chancery Court at Wetumpka. Heard before tbe Hon. James B. Clark. The bill in this case was filed by William Pearce, tbe appellant, against Joseph M. N. B. Nix, Thomas T. Wall, and Timothy Church.; and sought to obtain a decree for the legal title to a quarter-section of land, which the complainant claimed under a joint purchase by himself and Church from said Nix, together with a subsequent transfer to him by Church of the latter’s interest; and to which the…
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Appeal from the Chancery Court at Wetumpka. Heard before tbe Hon. James B. Clark. The bill in this case was filed by William Pearce, tbe appellant, against Joseph M. N. B. Nix, Thomas T. Wall, and Timothy Church.; and sought to obtain a decree for the legal title to a quarter-section of land, which the complainant claimed under a joint purchase by himself and Church from said Nix, together with a subsequent transfer to him by Church of the latter’s interest; and to which the defendant Wall, having subsequently purchased from Nix, procured a patent from the United States. The bill was filed on…
1Opinion of the CourtA. J. Walker, C. J.
The question chiefly discussed in this case is as to the sufficiency of the testimony to establish the payment of the purchase-money of the land in controversy. The payment alleged in the bill is not denied by any of the defendants, except Nix, on the authority of a knowledge of the facts. As to Nix, there is a waiver of answer on oath. Because the defendants, besides Nix, do not deny the allegation from knowledge, and because an answer on oath by Nix is waived, it was not incumbent on the complainant to establish the fact alleged by two witnesses, or by one with corroborating circumstances.…
2Cases cited5 opinions
- Jackson, ex rel. Shaw v. SpeakNew York Supreme Court · 1831
- Jackson ex dem. Hopkins v. LeekNew York Supreme Court · 1834
- Gillespie's Adm'r v. BurlesonSupreme Court of Alabama · 1856
- Jennings v. Blocker's Adm'rSupreme Court of Alabama · 1854
- Swift v. DeanSupreme Court of Vermont · 1839
3Cited by2 opinions
- Moses, Blum & Weil v. Dunham, Buckley & Co.Supreme Court of Alabama · 1881
- Elwert v. MarleyOregon Supreme Court · 1909