Sims v. McEwen's Adm'r
Supreme Court of Alabama
Appeal from the Chancery Court of Dallas. Heard before the Hon. James B. Clark:. This bill was filed by John 0. Sims against the administrator of James A. McEwen, deceased, to enforce the specific execution of a parol contract.
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Appeal from the Chancery Court of Dallas. Heard before the Hon. James B. Clark:. This bill was filed by John 0. Sims against the administrator of James A. McEwen, deceased, to enforce the specific execution of a parol contract. Its allegations, in substance, are as follows : That said McEwen purchased from one Jackson, on the 29th November, 1852, a certain lot in the town of Cahaba, with the improvements thereon, at the price of $1,000, and received a deed for the same from said Jackson • that the purchase money was not paid at the time, but it was secured by five promissory notes, each for…
1Opinion of the CourtGoldthwaite, J.
The principal object of the present suit is, to enforce the specific performance of an agreement made by the complainant with one McEwen, in his lifetime, in relation to certain real estate in the town of Cahaba. The bill purports to. set out this agreement according to its legal effect. The charge is, “ that upon the said purchase by the said James A. McEwen of the said lots and improvements, the said McEwen and your orator was to have and own jointly all the estate purchased as aforesaid by the said McEwen *190from the said Jackson — that is to say, the said McEwen was to own one half the…
2Cases cited2 opinions
- Forsyth v. ClarkCourt for the Trial of Impeachments and Correction of Errors · 1829
- Allen v. BookerSupreme Court of Alabama · 1829
3Cited by24 opinions
- Grand Bay Land Co. v. SimpsonSupreme Court of Alabama · 1920
- Kelly's Heirs v. AllenSupreme Court of Alabama · 1859
- Webb v. Webb's HeirsSupreme Court of Alabama · 1857
- Flinn v. BarberSupreme Court of Alabama · 1879
- Bell v. ThompsonSupreme Court of Alabama · 1859
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