Ashurst v. Peck
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before, the Hon. Jere N. Williams. The bill in this case was filed on June 11, 1892, by the appellant, James V. Ashurst, against the appellees, and prayed for the enforcement and the specific performance of a contract of purchase. The averments of the bill are sufficiently stated in the opinion.
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Appeal from the Chancery Court of Montgomery. Heard before, the Hon. Jere N. Williams. The bill in this case was filed on June 11, 1892, by the appellant, James V. Ashurst, against the appellees, and prayed for the enforcement and the specific performance of a contract of purchase. The averments of the bill are sufficiently stated in the opinion. The defendant demurred to the bill on the following grounds : “1st. Bill and exhibit thereto show that the relation of mortgagor and mortgagee did not exist between Charles F. Ashurst and A. B. Peck, but that the relation was that of vendor and…
1Opinion of the CourtHead, J.
On the 22d day of November, 1886, W. T. Burney and wife, for the cash consideration of four thousand, two hundred and fifty dollars, sold and conveyed by deed to A. B. Peck the lands described in the bill. The bill avers that the purchase was negotiated by, and was really made for the benefit of, Charles F. Ashurst, who was the son-in-law of Peck, the latter agree*504ing to convey the lands to the former upon being repaid the said purchase money with interest; and so it was, that by an instrument in writing executed on the 1st day of December, 1886, the said Peck, reciting the said purchase,…
2Cases cited3 opinions
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3Cited by53 opinions
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- Haney v. LeggSupreme Court of Alabama · 1900
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- Davis v. WilliamsSupreme Court of Alabama · 1900
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