Dexter v. McClellan
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before the Hon. Jbre N. Williams. The bill in this case was filed by the appellants, R. P. Dexter and Phares Coleman, against the appellees, to enforce the specific performance of an alleged contract between the defendants, R. IT. McClellan and Charles Seheerer and the complainants, and to establish a trust in certain bonds of a corporation, and for the foreclosure of a deed of trust securing said bonds.
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Appeal from the Chancery Court of Montgomery. Heard before the Hon. Jbre N. Williams. The bill in this case was filed by the appellants, R. P. Dexter and Phares Coleman, against the appellees, to enforce the specific performance of an alleged contract between the defendants, R. IT. McClellan and Charles Seheerer and the complainants, and to establish a trust in certain bonds of a corporation, and for the foreclosure of a deed of trust securing said bonds. The facts averred in the bill were substantially as follows : Charles Seheerer and R. H. McClellan were the owners of four-fifths interest…
1Opinion of the CourtHead, J.
Growing out of the acts and negotiations of the parties minutely set out in the hill as inducement, a contract, from which complainants derived the equity they- claim, was entered into by McClellan & Scheerer and complainants, by which it was agreed that McClellan & Scheerer, who had become invested with the legal title to the lands mentioned in the bill, in the manner and for the purposes therein described, should sell and convey said lands to the Cloverdale Land & Development Company, a corporation, at the price of $85,000. By virtue of the particular considerations alleged, McClellan &…
2Cases cited1 opinion
- Woodstock Iron Co. v. Richmond & Danville Extension Co.Supreme Court of the United States · 1889
3Cited by3 opinions
- Rudisill Soil Pipe Co. v. Eastham Soil Pipe & Foundry Co.Supreme Court of Alabama · 1923
- Anderson v. BuckleySupreme Court of Alabama · 1899
- Pungs v. American Brake Beam Co.Appellate Court of Illinois · 1902