Clark v. Bird
Supreme Court of Alabama
■ Appeal from Limestone Chancery Court. Heard before Hon. W. H. Simpkon. Bill by Charles Byrd against John A (dark and others to enjoin an ejectment suit and to enforce a contract.
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■ Appeal from Limestone Chancery Court. Heard before Hon. W. H. Simpkon. Bill by Charles Byrd against John A (dark and others to enjoin an ejectment suit and to enforce a contract. The contract sought to be enforced was as follows: “Know all men by these presents, that I, J. A. Clark, as principal, am held and firmly bound to Charles Bird in the penal sum of $500, for payment of Avhich, Avell and truly to be made, I bind myself, my heirs, executors, and administrators by these presents. Signed and sealed by me this the 4th day of November! 1899. The condition of this obligation is such that,…
1Opinion of the Court
ANDEBSON,J. J.
The 40 acres in controversy was at the time of the attempted sale a part of the homestead, and the bond executed by John A. Clark, not being signed and separately acknowledged by . his wife, was Void as an obligation to convey, and was not the subject of a specific enforcement. — Moses v. McCain, 82 Ala. 370, 2 South. 741; McGhee v. Wilson, 111 Ala. 619, 20 South. 619, 56 Am. St. Rep. 72. Nor does a conveyance of the homestead which does not conform to the statute (section 4161 of the Code of 1907) operate as an estopped against the husband, notwithstanding he has been paid a…
2Cases cited8 opinions
- Alford v. Lehman, Durr & Co.Supreme Court of Alabama · 1884
- Crim v. NelmsSupreme Court of Alabama · 1885
- Halso v. SeawrightSupreme Court of Alabama · 1880
- Moses v. McClainSupreme Court of Alabama · 1886
- Bailey v. Dunlap Mercantile Co.Supreme Court of Alabama · 1903
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Dominex, Inc. v. KeySupreme Court of Alabama · 1984
- Mathews v. J. F. Carroll Merc. Co.Supreme Court of Alabama · 1915
- Ben Cheeseman Realty Co. v. ThompsonSupreme Court of Alabama · 1927
- Irvin v. IrvinSupreme Court of Alabama · 1922
- Cook v. KellySupreme Court of Alabama · 1917
8 more not listed; retrieve them via the Exa API.