Legal Opinion

Bobe's Heirs v. Stickney

Supreme Court of Alabama

Decided June 15, 1860PublishedCited by 25 opinions

Appeal from the Chancery Court at Mobile. Heard before the lion. Wade Keyes. This original bill in this ease was filed, on the 23d November, 1848, by the heirs-at-law of Thomas Bobe, deceased, infants suing by their next friend, against Ilenry Stickney, and the personal representative of said Thomas Bobe; and sought the specific performance of a contract, by which said Stickney, on the 26th November, 1836, sold to the said Bobe a lot in the city of Mobile.

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Appeal from the Chancery Court at Mobile. Heard before the lion. Wade Keyes. This original bill in this ease was filed, on the 23d November, 1848, by the heirs-at-law of Thomas Bobe, deceased, infants suing by their next friend, against Ilenry Stickney, and the personal representative of said Thomas Bobe; and sought the specific performance of a contract, by which said Stickney, on the 26th November, 1836, sold to the said Bobe a lot in the city of Mobile. By the terms of the contract, as alleged in the bill and admitted in the answer, Bobe executed his three promissory notes for the…

1Opinion of the CourtStone, J.

The bill in this case was filed by the heirs-at-law of a purchaser, against a vendor, to obtain specific performance of a contract of sale of real estate to their ancestor. The'chancellor granted relief, but imposed on the complainants, as a, condition precedent, the payment of a certain sum, alleged to be the unpaid balance of the purchase-money. From that decree the complainants have appealed, and. assign as error that .the chancellor erred to their prejudice in laying down rules for the guidance of the register in taking the account. The assignments of error, in their direct effect, can…

2Cases cited4 opinions

  1. Harrison & Robinson v. JohnstonSupreme Court of Alabama · 1855
  2. McDonnell v. Branch Bank at MontgomerySupreme Court of Alabama · 1852
  3. Mervine v. ParkerSupreme Court of Alabama · 1850
  4. Callahan v. BoazmanSupreme Court of Alabama · 1852

3Cited by25 opinions

  1. Barnewall v. MurrellSupreme Court of Alabama · 1895
  2. Hersey v. BennettSupreme Court of Minnesota · 1881
  3. Stickney v. MooreSupreme Court of Alabama · 1895
  4. Carlin v. JonesSupreme Court of Alabama · 1876
  5. Cain v. VogtSupreme Court of Iowa · 1908

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