Arrington v. Porter
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before Hon. J'ohn D. Cunningham. On the 10th day of December, 1866, appellant sold Thos. R. Stacey a plantation in Montgomery county. Stacey, with one Y. R. Porter, in payment of said plantation, executed three written instruments, of like tenor with the one below, with the exceptipn of the dates, and secured these obligations by a mortgage on the land, which Arrington had conveyed to him in fee simple.
Read the full summary
Appeal from the City Court of Montgomery. Tried before Hon. J'ohn D. Cunningham. On the 10th day of December, 1866, appellant sold Thos. R. Stacey a plantation in Montgomery county. Stacey, with one Y. R. Porter, in payment of said plantation, executed three written instruments, of like tenor with the one below, with the exceptipn of the dates, and secured these obligations by a mortgage on the land, which Arrington had conveyed to him in fee simple. The written instrument upon which this suit was brought was as follows: ’ “ Montgomery, Ala., Dec. 10th, 1866. “ On the 15th day of November,…
1Opinion of the CourtB. E. Saeeoud, J.
The material question at issue in this case is, whether a verbal contract rescinding a sale of land, the purchase-money not having been paid, executed by the vendor receiving possession of the land and using* it as his own, is within the statute of frauds.
The rescission of a sale of land which has been completed, is virtually a sale of the land by the vendee to the vendor. Possession by the purchaser with the consent of the vendor, under a parol contract of sale, takes the case out of the statute of frauds, but the possession must be under the contract. — Danforth v. Laney, 28 Ala. 274. A…
2Cases cited5 opinions
- Firemen's Insurance v. McMillanSupreme Court of Alabama · 1856
- Brewer v. BrewerSupreme Court of Alabama · 1851
- Williamson v. HowellSupreme Court of Alabama · 1843
- McClure v. ColcloughSupreme Court of Alabama · 1843
- Danforth v. LaneySupreme Court of Alabama · 1856
3Cited by12 opinions
- Formby v. WilliamsSupreme Court of Alabama · 1919
- McConnell v. PoorSupreme Court of Iowa · 1901
- Ely v. JonesSupreme Court of Kansas · 1917
- Kramer v. MorganCourt of Appeals for the Second Circuit · 1936
- Cutwright v. Union Savings & Investment Co.Utah Supreme Court · 1908
7 more not listed; retrieve them via the Exa API.