Jenkins v. Harrison
Supreme Court of Alabama
Appeal from the Chancery Court of Colbert. Heard before the Hon. H. C. Speake. The bill in this case was filed on the 29th March, 1876, by John B. Harrison, against John S. Jenkins and others, children and heirs at law of Thomas B. Jenkins, deceased; and sought the specific performance of a contract entered into by and between complainant and said decedent, or other relief appropriate to the facts staged, as hereinafter more particularly shown.
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Appeal from the Chancery Court of Colbert. Heard before the Hon. H. C. Speake. The bill in this case was filed on the 29th March, 1876, by John B. Harrison, against John S. Jenkins and others, children and heirs at law of Thomas B. Jenkins, deceased; and sought the specific performance of a contract entered into by and between complainant and said decedent, or other relief appropriate to the facts staged, as hereinafter more particularly shown. The original contract between the parties, as reduced to writing and signed by both of them, was set out in the bill, as follows : “ We, Thomas B.…
1Opinion of the CourtBeickell, C. J.
There were numerous causes of de*352murrer assigned to the original bill by the appellants, which were overruled by the chancellor. We shall notice only such of them as have been insisted on in the argument of counsel in this court. The first is, that the bill proposes to re-open and retry the matters which were tried and decided in the court of law. The suit at law, it is evident, was vigorously defended; the defense addressed mainly to the point, whether there was a delivery of the deed in the life of Jenkins, passing the legal estate to Harrison. The defense was unsuccessful; but the judgment…
2Cases cited21 opinions
- Beckwith v. TalbotSupreme Court of the United States · 1877
- Salmon Falls Manufacturing Co. v. GoddardSupreme Court of the United States · 1853
- Cagger v. . LansingNew York Court of Appeals · 1871
- Peabody v. . SpeyersNew York Court of Appeals · 1874
- Parrill v. McKinleySupreme Court of Virginia · 1852
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3Cited by90 opinions
- Barnewall v. MurrellSupreme Court of Alabama · 1895
- Bolman v. OverallSupreme Court of Alabama · 1886
- Nelson v. Shelby Manufacturing & Improvement Co.Supreme Court of Alabama · 1893
- Bateman v. . HopkinsSupreme Court of North Carolina · 1911
- Searles v. GonzalezCalifornia Supreme Court · 1923
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