Milner v. Stanford
Supreme Court of Alabama
Appeal from the Chancery Court of Butler. Heard before the Hon. John A. Foster,. The bill in this case was filed on May 16, 1889, by the appellee, A. J. Stanford against the appellants ; and, as amended, prayed for the establishment of a resulting trust in certain described lands. The respondents moved the court to strike out the amendment, also demurred to the bill as amended on the ground, that the amendment was an entire departure from the original bill.
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Appeal from the Chancery Court of Butler. Heard before the Hon. John A. Foster,. The bill in this case was filed on May 16, 1889, by the appellee, A. J. Stanford against the appellants ; and, as amended, prayed for the establishment of a resulting trust in certain described lands. The respondents moved the court to strike out the amendment, also demurred to the bill as amended on the ground, that the amendment was an entire departure from the original bill. All the other facts are sufficiently stated in the opinion. Upon the final submission of the cause, on the pleadings and proof, the…
1Opinion of the CourtMcOLELLAN, J.
The original bill averred that Stanford, the complainant, purchased a parcel of land from E. 0. Milner, deceased, the intestate and ancestor of the respondents, was put in possession under the sale, and subsequently paid the purchase money in full during the life time of said Milner, but that the vendor failed to execute a conveyance to the vendee ; and its purpose and prayer were to have the contract of sale specifically performed, and the execution of a conveyance by the administratrix and heirs at law of Milner decreed. At the hearing on the merits the bill was amended, by striking out its…
2Cases cited1 opinion
- Manning v. PippenSupreme Court of Alabama · 1888
3Cited by17 opinions
- Alabama Terminal & Inprovement Co. v. Hall & FarleySupreme Court of Alabama · 1907
- Heflin v. HeflinSupreme Court of Alabama · 1922
- Pollak v. MillsapSupreme Court of Alabama · 1928
- Carkonen v. AlbertsWashington Supreme Court · 1938
- Born v. CastleCalifornia Court of Appeal · 1913
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