Doe ex dem. Holman v. Crane
Supreme Court of Alabama
Error to the Circuit Court of Mobile. Tried- before the Hon. John Bragg. This was an action of ejectment brought by the plaintiffs1 against the defendants in error to recover certain real estate-in the city of Mobile.
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Error to the Circuit Court of Mobile. Tried- before the Hon. John Bragg. This was an action of ejectment brought by the plaintiffs1 against the defendants in error to recover certain real estate-in the city of Mobile. The case was tried on an agreed state of facts, from which it appears, that the premises in contro* versy were once owned by Oliver Holman, deceased, the ancestor of the plaintiffs, who on the 29th September 1821, executed to Charles Brown a bond, conditioned to make him a quit-claim deed to one half the premises, at the expiration of two years, if the obligee should request him…
1Opinion of the CourtCollier, C. J.
The material questions in this case are whether the bond of Oliver Holman of the 29th September 1821, by which he undertook to give to Charles Brown a quit claim deed to certain lands in the city of Mobile, to be executed in two years from date, if said Charles request,” and an agreement of the same date, signed and sealed by both parties, containing reciprocal covenants in respect to their partnership interests, &c., are parts of the same transaction; and whether a specific execution of the condition would be enforced without proof on the part of the obligee, that he had performed any or all…
2Cases cited13 opinions
- Etting v. Bank of United StatesSupreme Court of the United States · 1826
- Wilson v. TroupCourt for the Trial of Impeachments and Correction of Errors · 1823
- Newall v. WrightMassachusetts Supreme Judicial Court · 1807
- Heirs of Holman v. Bank of NorfolkSupreme Court of Alabama · 1847
- Rogers v. KneelandCourt for the Trial of Impeachments and Correction of Errors · 1834
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3Cited by14 opinions
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- Lutz v. Van Heynigen Brokerage Co.Supreme Court of Alabama · 1917
- Universal Products Co. v. EmersonSupreme Court of Delaware · 1935
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