Gainer v. Jones
Supreme Court of Alabama
Appeal from Geneva Oban eery Conrt. Heard before Hon. L. I). Gardner. Bill by Henry Jones against W. H. Gainer and others for specific performance. Decree for complainant, and respondents appeal. The decree of October 21, 1909, referred to in the opinion, is as follows: “Upon consideration, the court is of the opinion that complainant is entitled to the relief he seeks, and that a reference is necessary to be held.
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Appeal from Geneva Oban eery Conrt. Heard before Hon. L. I). Gardner. Bill by Henry Jones against W. H. Gainer and others for specific performance. Decree for complainant, and respondents appeal. The decree of October 21, 1909, referred to in the opinion, is as follows: “Upon consideration, the court is of the opinion that complainant is entitled to the relief he seeks, and that a reference is necessary to be held. It is therefore ordered, adjudged, and decreed that complainant is entitled to relief. It is further ordered that the register of this court hold a reference in this cause at such…
1Opinion of the CourtSimpson, J.
The original bill, which has been eliminated, and the amended hill in this case, 'were filed for the specific performance of a contract for the sale of land; it being alleged and claimed that the complainant (appellee here) went into possession of the land under a parol contract of sale and paid part of the purchase money. Several subsequent purchasers of the land were made parties defendant, with the original vendors. This case was before this court at a previous term, from a decree dismissing the hill for want of equity, which decree Avas reversed, and a decree Avas here rendered overruling…
2Cases cited16 opinions
- Smith v. GaleSupreme Court of the United States · 1892
- Wynn v. Tallapoosa County BankSupreme Court of Alabama · 1910
- Kimbrell v. RogersSupreme Court of Alabama · 1890
- Ex parte Elyton Land Co.Supreme Court of Alabama · 1893
- National Foundry & Pipe Works v. Oconto Water Supply Co.Supreme Court of the United States · 1902
11 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- de Graffenried v. BreitlingSupreme Court of Alabama · 1915
- McClurkin v. McClurkinSupreme Court of Alabama · 1921
- Grand Bay Land Co. v. SimpsonSupreme Court of Alabama · 1922
- Burgin v. SuggSupreme Court of Alabama · 1923
- Moorer v. ChastangSupreme Court of Alabama · 1946
8 more not listed; retrieve them via the Exa API.