Legal Opinion

Penney v. Norton

Supreme Court of Alabama

Decided April 17, 1919No. 8 Div. 161PublishedCited by 19 opinions

Appeal from Circuit Court, Morgan County; O'. Kyle, Judge. Bill for specific performance of a contract to convey land by Lawrence W. Norton against James B. Penney and wife. Prom a decree for plaintiff, defendant named appeals. The opinion of the trial court was as follows: This is a bill to enforce the specific performance of an alleged contract for the sale of land. It is filed against Penney and wife.

Read the full summary

Appeal from Circuit Court, Morgan County; O'. Kyle, Judge. Bill for specific performance of a contract to convey land by Lawrence W. Norton against James B. Penney and wife. Prom a decree for plaintiff, defendant named appeals. The opinion of the trial court was as follows: This is a bill to enforce the specific performance of an alleged contract for the sale of land. It is filed against Penney and wife. Both respondents separately demur, alleging the insufficiency of the bill, upon many grounds. In bills of this character great precision and nicety is required both in allegations and proof.…

1Opinion of the CourtMayfield, J.

The bill in this case is by appellee against appellant and his wife to enforce specific performance of a contract to sell and convey certain lands or real estate. The defendants demurred to the bill, assigning various grounds therefor. The trial court overruled the demurrer of the appellant, and sustained that of the wife, and defendant appeals.

We are of the opinion the trial court was correct in overruling the demurrer.

[1] We find no substantial defects or faults as to the bill, as to the matters complained of, or otherwise of which this appellant can complain. If there be any defects of…

2Cases cited3 opinions

  1. Ellis v. BurdenSupreme Court of Alabama · 1840
  2. Sims v. McEwen's Adm'rSupreme Court of Alabama · 1855
  3. Pulliam v. OwenSupreme Court of Alabama · 1854

3Cited by19 opinions

  1. Trotter v. LewisCourt of Appeals of Maryland · 1946
  2. Shull v. SextonSupreme Court of Colorado · 1964
  3. Cudd v. WoodSupreme Court of Alabama · 1921
  4. Dobson v. DeasonSupreme Court of Alabama · 1946
  5. Wirtz v. GordonMississippi Supreme Court · 1938

14 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API