Hunter v. Bradford
Supreme Court of Florida
On the 22d December, 1839, Leigh Read and Archibald R. S. Hunter entered into an agreement for the sale and purchase of land, negroes and other property, amounting to $27,500. On the 2d of January, 1840, Read executed a title bond for the land, conditioned to make title on the 1st of January, 1843. The land and negroes sold to Hunter by Read were mortgaged to the Union Bank of .Florida, by deed of mortgage bearing date September 3, .1839. On the day of the sale, Hunter…
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On the 22d December, 1839, Leigh Read and Archibald R. S. Hunter entered into an agreement for the sale and purchase of land, negroes and other property, amounting to $27,500. On the 2d of January, 1840, Read executed a title bond for the land, conditioned to make title on the 1st of January, 1843. The land and negroes sold to Hunter by Read were mortgaged to the Union Bank of .Florida, by deed of mortgage bearing date September 3, .1839. On the day of the sale, Hunter executed three promissory notes to Read, for the sum of six thousand one hundred and sixty-six dollars : and sixty-six and…
1Opinion of the CourtHawkins, J.
We will take up the cases in the order in which they stand.
First. The question raised by the pleadings is this — Is James M. Hunter, the administrator of his brother, Archibald R. S. Hunter, entitled to equitable relief from a Court of Chancery under the circumstances of this case ? It must be borne in mind, that this is not a bill for specific performance or the rescission of the contract. In the first instance, the party asking such specific performance “ must show that he has been in no default in not having performed the agreements, and that he has taken all proper steps towards the…
2Cases cited2 opinions
- Simpson v. HawkinsCourt of Appeals of Kentucky · 1833
- Hunter v. O'NeilSupreme Court of Alabama · 1847
3Cited by10 opinions
- Frazier v. BoggsSupreme Court of Florida · 1896
- Hancoy Holding Company v. LambrightSupreme Court of Florida · 1931
- Johnson v. GreenSupreme Court of Florida · 1951
- Musselwhite v. OlesonSupreme Court of Florida · 1910
- Sommers v. Apalachicola Northern RailroadSupreme Court of Florida · 1918
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