Jones v. Hert
Supreme Court of Alabama
Appeal from Dallas Probate Court. Heard before Hon. P. H. Pitts. A petition by Roger ap C. Jones, as administrator of the estate of Roxie Hert, deceased, seeking to sell land to pay a debt, was contested by Henderson Hert, alias, etc., and others. Prom a decree dismissing the petition, petitioner appeals.
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Appeal from Dallas Probate Court. Heard before Hon. P. H. Pitts. A petition by Roger ap C. Jones, as administrator of the estate of Roxie Hert, deceased, seeking to sell land to pay a debt, was contested by Henderson Hert, alias, etc., and others. Prom a decree dismissing the petition, petitioner appeals. This appeal is prosecuted from a decree of the probate court of Dallas county denying and dismissing a petition filed by the appellant, as administrator of the estate of Roxie Hert, deceased, seeking a sale of a lot of land owned by and in possession of decedent, when she died, to pay a debt…
1Opinion of the CourtAnderson, C. J.
(1-3) The portion of the contract providing that after a default in the payment of any installment of the purchase price, and a failure, within three months thereafter, to pay np all past dues, all money paid was to go as rent, and the instrument was to become “null and void,” was in no sense an option to .the vendee to abandon the contract and defeat her unconditional promise to pay the purchase price *114of the lot, but Avas iu tended for the purpose of giving" the vendor some remuneration for the land in case of a default in the purchase-money installments. Therefore, the obligation on the…
2Cases cited8 opinions
- Stewart v. Griffith Ex Rel. BallSupreme Court of the United States · 1910
- Wilcoxson v. StittCalifornia Supreme Court · 1884
- Kernochan v. . MurrayNew York Court of Appeals · 1888
- Chamberlain v. . DunlopNew York Court of Appeals · 1891
- Nelson v. SandersSupreme Court of Alabama · 1898
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- McCain v. CoxDistrict Court, N.D. Mississippi · 1982
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