Garnett v. Yoe

Citations

• 17 Ala. 74

Syllabus

<p>1. In an action on a bond, a general demurrer will not lie for surplusage, argumentativeness, or duplicity in the assignment of the breach.</p> <p>2. If a party, who has bound himself to execute title to land so soon as he can obtain it, neglects for more than two years to make an effort to procure the title, it is prima Jaáe a breach of the condition of his bond.</p> <p>3. The refusal of the vendor to convey the land in accordance with the stipulations of his contract, is a breach of the condition of the bond, notwithstanding the vendee has not presented him a deed to execute.</p> <p>4. A deposition taken without notice to the opposite party and without his attendance or cross-examination of the witness, is not admissible as evidence for him.</p> <p>5. All public land is not subject to entry, and a charge of the court is erroneous, which assumes the contrary.</p> <p>6. Where a vendor, who has bound himself to execute title to land so soon as he can obtain it, neglects for more than two years to procure the title, in an action on his bond, it is incumbent upon him to show that he could not, with reasonable diligence, have obtained the title.</p> <p>7. The judgment in an action on a bond for the performance cf covenants should be for the penalty, with nominal damages and costs.</p>