Phillips v. Adams
Supreme Court of Alabama
Appeal from the Chancery Court of Elmore. Heard before J. FI. Falknek, a solicitor of the court, as special chancellor, the Hon. N. S. Graham being disqualified to sit. To entitle the complainant to the relief prayed by his bill, he must allege a valid contract, such as meets the requirements of the statute of frauds; otherwise, his bill is wanting in equity, and subject to demurrer.
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Appeal from the Chancery Court of Elmore. Heard before J. FI. Falknek, a solicitor of the court, as special chancellor, the Hon. N. S. Graham being disqualified to sit. To entitle the complainant to the relief prayed by his bill, he must allege a valid contract, such as meets the requirements of the statute of frauds; otherwise, his bill is wanting in equity, and subject to demurrer. A contract for the sale of lands, to be valid' under the statute, “must not only be signed by the party to be charged, but must state the essential terms of the contract with such clearness and certainty that…
1Opinion of the CourtSomerville, J.
The bill in this case was filed by the appellees, to enforce a vendor’s lien for unpaid purchase-money. A bond for title, which is very in artificially drawn, was executed by the vendor, on the faith of which the purchaser went into possession. No part of the purchase-money is alleged to have been paid. The appellant' holds possession of the land in question as the privy in estate of the said vendee, being his sole devisee. As defendant in the suit below, she set up the defense of the statute of frauds,'by demwrrer to the bill; and this demurrer was overruled by the chancellor.
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2Cases cited7 opinions
- Jenkins v. HarrisonSupreme Court of Alabama · 1880
- Bolling v. MunchusSupreme Court of Alabama · 1880
- Adams v. M'MillanSupreme Court of Alabama · 1838
- Rigby v. NorwoodSupreme Court of Alabama · 1859
- Carter v. ShorterSupreme Court of Alabama · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Manning v. PippenSupreme Court of Alabama · 1888
- Nelson v. Shelby Manufacturing & Improvement Co.Supreme Court of Alabama · 1893
- Shannon v. WisdomSupreme Court of Alabama · 1911
- Thompson v. New South Coal Co.Supreme Court of Alabama · 1902
- Alba v. StrongSupreme Court of Alabama · 1891
17 more not listed; retrieve them via the Exa API.