Report of Cases Argued And Determined in the Supreme Court of Alabama volume 24

Cover Report of Cases Argued And Determined in the Supreme Court of Alabama volume 24
Report of Cases Argued And Determined in the Supreme Court of Alabama volume 24
Alabama Supreme Court
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195 ; 1 Parsons on Contracts, p. 382, and note (a) ; Jackson v. Walker, 5 Hill (N. Y. ) 27.
No consideration was necessary from Darby, as she had a right to make a voluntary conveyance of the slaves. But the $500 paid is a sufficient consideration, and estops her and her administrator. Judge Story decided, that one dollar was enough to bind a grantor to the amount of upwards of $40, 000; and that, if the one dollar had not been paid, the grantor had a right to it, and might have it by suit. Law
...rence v. McAlmont, 2 How. (U. S. ) 426 ; 7 Vesey 249 ; 10 ib. 470; 7 ib. 34.
Darby held adversely to Mrs. Prater. All who hold by deed alsolute, hold against the vendee ; bare possession and claim of right, without deed, is adverse. Herbert v. Hanrick, 16 Ala. 595 ; Hinton v. Nelms, 13 ib. 222 ; Abercrombie v. Baldwin, 15 Ala. 363; 24 Wend. 587.
If Mrs. Prater had the right to repudiate her deed of sale to Darby (which we do not concede), she should have done so within six years from the date of the conveyance, or she was barred by the statute of limitations.


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