Legal Opinion · Concurrence

Minge v. Green

Supreme Court of Alabama

Decided April 11, 1912Published

Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Bill by John IT. Minge against P. B. Green to require specific performance of a contract to convey land. From a decree sustaining demurrers to the bill, complainant appeals.

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Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Bill by John IT. Minge against P. B. Green to require specific performance of a contract to convey land. From a decree sustaining demurrers to the bill, complainant appeals. The description is sufficient and while the contract -is inartificial, it leaves nothing so obscure as to render it invalid. — Clements v. Pearce. 63 Ala. 284; Chambers v. Bicherstaff, 69 Ala. 140; Angel v. Simpson, 85 Ala. 53; Homan v. Stewart, 103 Ala. 644; Webb v. Elyton L- Co., 105 Ala. 471; Gottingham v. Hill, 119 Ala. 353. The law leans against the…

1ConcurrenceMayfield, J.

I find myself unable to concur in either the result or the opinion in this case. I desire, and it seems to me that the court needs, some authority to direct, the chancellor beloAV to do Avhat it does.

The decision and judgment of this court is that the chancellor ascertain the present value of the inchoate *355right of dower to which respondent’s wife is entitled, and deduct that amount from the purchase price of the farm, as an indemnity, from respondent to complainant, against the wife’s ever asserting her dower interest; and when this impossibility is accomplished, and such provision is…

2Cases cited10 opinions

  1. Phillips v. StauchMichigan Supreme Court · 1870
  2. Chaney's Heirs v. Chaney's Adm'rSupreme Court of Alabama · 1861
  3. Parks v. BrooksSupreme Court of Alabama · 1849
  4. Springle's Heirs v. ShieldsSupreme Court of Alabama · 1850
  5. McLeod v. McLeodSupreme Court of Alabama · 1910

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