Carlisle v. Carlisle
Supreme Court of Alabama
Bill in Equity by Purchaser, for Specific Performance Contract for Sale of Land. Appeal from the Chancery Court of Pike. Heard before the Hon. John A. Poster.
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Bill in Equity by Purchaser, for Specific Performance Contract for Sale of Land. Appeal from the Chancery Court of Pike. Heard before the Hon. John A. Poster. The bill in this case was filed on the 30th January, 1884, by Thomas J. Carlisle, against M. N. Carlisle and, his wife, Mrs. E. B. Carlisle; and sought the specific execution of a contract by which the complainant agreed to purchase, and the said M. N. Carlisle and others agreed to sell and convey to him, their respective undivided interests in a certain tract of land, which constituted the family homestead of their deceased father,…
1Opinion of the Court
. CLOPTON, J.
The equitable remedy of specific performance of agreements for the sale of lands rests largely in judicial discretion, directed and regulated by defined rules. Well settled elements and incidents are requisite to granting relief; but whether relief shall be granted depends upon an equitable consideration of the particular circumstances of each case. The contract must be just, fair, and reasonable; must not have originated in mistake, or-surprise, or violation of confidence, or breach of trust, or advantage of condition, nor been obtained by any unconscientious or unfair methods;…
2Cases cited6 opinions
- Jenkins v. HarrisonSupreme Court of Alabama · 1880
- Moon's Adm'r v. CrowderSupreme Court of Alabama · 1882
- Aday v. EcholsSupreme Court of Alabama · 1850
- Curran v. Holyoke Water Power Co.Massachusetts Supreme Judicial Court · 1874
- Gentry v. RogersSupreme Court of Alabama · 1867
1 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Homan v. StewartSupreme Court of Alabama · 1893
- General Securities Corporation v. WeltonSupreme Court of Alabama · 1931
- Alabama Central Railroad v. LongSupreme Court of Alabama · 1909
- Bernard v. BensonWashington Supreme Court · 1910
- Milton Realty Co. v. WilsonSupreme Court of Alabama · 1926
20 more not listed; retrieve them via the Exa API.