Cummings' Heirs v. Gill's Heirs
Supreme Court of Alabama
Error to the Chancery Court at Talladega-. 'The bill was filed by the ancestor of defendants in error for the specific performance of a verbal contract for the sale of land. The bill alleges the purchase of a tract of land from the deceased, which Is .particularly described, at the price of #650; of which sum, #481 was paid down, and a credit given on-the residue of one and two years. There was no written evidence of the contract.
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Error to the Chancery Court at Talladega-. 'The bill was filed by the ancestor of defendants in error for the specific performance of a verbal contract for the sale of land. The bill alleges the purchase of a tract of land from the deceased, which Is .particularly described, at the price of #650; of which sum, #481 was paid down, and a credit given on-the residue of one and two years. There was no written evidence of the contract. That he was let into immediate possession, and has held it ever since, having made valuable and lasting repairs to the property. That Cummings, the vendor, has…
1Opinion of the CourtOrmond, J.
Without considering the testimonyof the witnesses, which were objected to, it appears from the other testimony in the cause, that upon a verbal contract for the sale of land, the vendor, upon the receipt of a large part of the purchase money, put the vendee in possession of the land, who has ever since retained it, and made improvements, &c. This has always been considered, in this State as well as elsewhere, such a part performance of the contract, as would take the case out of the influence of the statute of frauds, arid authorize a court of chancery to decree a specihe execution of the…
2Cases cited1 opinion
- Cullum v. ErwinSupreme Court of Alabama · 1842
3Cited by11 opinions
- Formby v. WilliamsSupreme Court of Alabama · 1919
- Smith v. WoolfolkSupreme Court of the United States · 1885
- McLemore v. MabsonSupreme Court of Alabama · 1852
- Brewer v. BrewerSupreme Court of Alabama · 1851
- Masterson v. MastersonSupreme Court of Alabama · 1858
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