Adams v. Powell
Supreme Court of Alabama
Appeal from Circuit Court, Tallapoosa County; Lum Duke, Judge. Bill’ by J. W. Powell and others against Maude Adams, for specific performance, with cross-bill for sale of the land for division among the joint owners. Erom a decree for complainants, respondent appeals.
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Appeal from Circuit Court, Tallapoosa County; Lum Duke, Judge. Bill’ by J. W. Powell and others against Maude Adams, for specific performance, with cross-bill for sale of the land for division among the joint owners. Erom a decree for complainants, respondent appeals. The bill shows that Alice V. Hunt died intestate in Tallapoosa county during the month of February, 1916, and left surviving her no children and no father or mother, but left a hubsand, Q. B. Hunt, who died in March, 1918; that complainants are the brothers and sisters and the only surviving heirs of said Alice V. Hunt, and that…
1Opinion of the CourtAnderson, C. J.
[1, 2] In an action for the specific performance of a parol contract for the sale of land, the terms of the contract must be definitely alleged and established as alleged by clear and satisfactory proof. Jones v. Jones, 155 Ala. 644, 47 South. 80, and cases there cited. The proof in this case fails to establish a contract between C. B. Hunt and his wife, whereby he was to sell and convey to her his undivided one-half interest in the land. The trial court therefore erred in granting the complainant’s relief, and'the decree is reversed. The proof in this case, however, may disclose a right to…
2Cases cited1 opinion
- Jones v. JonesSupreme Court of Alabama · 1908
3Cited by3 opinions
- Nolan v. MooreSupreme Court of Alabama · 1950
- Adams v. PowellSupreme Court of Alabama · 1932
- Stacey v. StaceySupreme Court of Alabama · 1947