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Contracts Keyed to Epstein
Kirksey v. Kirksey
Citation:
8 Ala. 131 (1845)ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
The plaintiff was the wife of defendant’s brother, but had for some time been a widow, and had several children. In 1840, the plaintiff resided on public land, under a contract of lease, she had held over, and would have attempted to secure the land she lived on. The defendant, who resided in Talladega county, sixty or seventy miles off. On October 10, 2840, after the plaintiff’s husband passed away, the defendant wrote to plaintiff a letter, in which he wanted her to sell her land and come see him, who would provide her a place to raise her family. Within a month or two after the receipt of the letter, the plaintiff abandoned her possession and removed with her family to the residence of the defendant, who put her in comfortable houses and gave land to cultivate.
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Topic Resources
Topic Outline
Formation of ContractsTopic Refresher Course
Consideration and Promissory EstoppelTopic Charts & Notes
Defenses