Bell v. Owen
Supreme Court of Alabama
Writ of Error to the Circuit Court of Montgomery county. Assumpsit by Bell against Owen, for refusing to comply with a contract for the sale of land.
Read the full summary
Writ of Error to the Circuit Court of Montgomery county. Assumpsit by Bell against Owen, for refusing to comply with a contract for the sale of land. The declaration contains two' counts; the first of which recites' that Poe had obtained judgment, and sued out ajft. fa. upon it, against one Reed, which was levied by the plaintiff, as sheriff of said county, on certain lots of land, described in the declaration; that these, after being duly advertised, were exposed for sale, according to law, on, &c., when the defendant became the highest bidder for the same, at $'110; it then alledges, that…
1Opinion of the CourtGoldthwaite, J.
1. The decisions recently made by us, in the cases of Robinson v. Garth, 6 Ala. Rep. 204, and Lamkin v. Crawford, at this term, show that the action is properly brought in the name of the sheriff.
2. We are not aware that there is any material distinction between the mode of declaring for the breach of a contract of sale, whether the subject matter of the contract is real or personal property. Although with respect to the former, the contract cannot be enforced unless it is in writing, signed by the party to be charged therewith, yet it is not necessary to aver, that it was so, in the…
2Cases cited1 opinion
- Robinson v. GarthSupreme Court of Alabama · 1844
3Cited by2 opinions
- Governor v. PowellSupreme Court of Alabama · 1846
- Trustees', Executors' & Securities' Insurance v. BowlingCourt of Appeals of Kansas · 1896