Ray v. Watkins
Supreme Court of Alabama
Appeal from Circuit Court, Fayette County ; Henry B. Foster, Judge. Bill by George D. Ray against G. M. Watkins, as executor of the estate of Lizzie Ray, deceased, and others, for specific performance of a contract to convey land. Decree for respondents, and complainant appeals.
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Appeal from Circuit Court, Fayette County ; Henry B. Foster, Judge. Bill by George D. Ray against G. M. Watkins, as executor of the estate of Lizzie Ray, deceased, and others, for specific performance of a contract to convey land. Decree for respondents, and complainant appeals. The bill alleges that Lizzie Ray executed a bond for title to George D. Ray for certain land, and that the purchase money thereof was paid at a later date and Lizzie Ray executed a deed to complainant; but that in the execution of the deed, which was intended to be a warranted deed, the parties thereto, through…
1Opinion of the CourtThomas, J.
This decision must rest on a question of fact. As shown by the record, the witnesses were examined orally before the court. The judge had the benefit of observing the manner and general demeanor of the witnesses and the better opportunity to pass upon the credibility of the testimony. His finding has the force of a verdict of a jury. In Andrews v. Gray, 74 South. 62, 1 this court declared that section 5955 of the Code of 1907, subd. 1, providing that on chancery appeal no weight shall be given the chancellor’s decision upon the facts, but the Supreme Court shall weigh the evidence, applies…
2Cases cited15 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Nashville, Chattanooga & St. Louis Railway v. CrosbySupreme Court of Alabama · 1915
- Andrews v. GreySupreme Court of Alabama · 1917
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- Fitzpatrick v. StringerSupreme Court of Alabama · 1917
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3Cited by38 opinions
- Hodge v. JoySupreme Court of Alabama · 1921
- Christie v. DurdenSupreme Court of Alabama · 1921
- Gray v. HandySupreme Court of Alabama · 1920
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