Sherman v. Sherman
Supreme Court of Alabama
Appeal from Mobile Chancery Court. Heard before Hon. Ti-iomas H. Smith. Bill by Lee Sherman against Alice Sherman to specifically perform a parol contract for the sale of lands. Decree for complainant and respondent appeals.
1Opinion of the CourtGardner, J.
Bill by appellee against appellant to enforce specific performance of a parol contract for sale of 40 acres of land therein described. It is alleged that plaintiff was put in possession, and has paid part of the purchase money.(1) While it is necessary, of course, when the contract rests in parol, that possession and part payment of the purchase money must concur, yet it is well settled that they need not take place at one and the same time.
“We do not understand that the statutory exception contemplates or requires a payment of purchase money contemporaneous with the letting into…
2Cases cited3 opinions
- Homan v. StewartSupreme Court of Alabama · 1893
- Allen v. YoungSupreme Court of Alabama · 1889
- Louisville & Nashville Railroad v. PhilyawSupreme Court of Alabama · 1891
3Cited by5 opinions
- General Securities Corporation v. WeltonSupreme Court of Alabama · 1931
- Hagood v. SpinksSupreme Court of Alabama · 1929
- Adams v. AdamsSupreme Court of Alabama · 1937
- Penney v. LyleSupreme Court of Alabama · 1921
- Emond v. RobisonSupreme Court of Alabama · 1925