Poe v. Kemp
Supreme Court of Alabama
Appeal from Circuit Court, Fayette County; Henry B. Foster, Judge. Bill by Savannah Poe against Sarah E. Kemp to specifically enforce a contract. From a decree sustaining demurrers to the bill., complainant appeals. Tbe case made by the bill is that, after tbe death of John Kemp, Sarah E. Kemp procured Savannah Poe to leave her home and come to the home of Sarah E. Kemp to look after and care for her.
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Appeal from Circuit Court, Fayette County; Henry B. Foster, Judge. Bill by Savannah Poe against Sarah E. Kemp to specifically enforce a contract. From a decree sustaining demurrers to the bill., complainant appeals. Tbe case made by the bill is that, after tbe death of John Kemp, Sarah E. Kemp procured Savannah Poe to leave her home and come to the home of Sarah E. Kemp to look after and care for her. Complainant did this, and Sarah E. Kemp erected a small cottage, staked off the lot, putting Savannah Poe in possession thereof and later delivered to complainant an instrument in the form of a…
1Opinion of the CourtMiller, J.
This is a bill for specific performance of an oral contract between complainant and defendant. The defendant demurs to the bill as last amended.
The complainant is to live with, look after, and care for defendant, who is old and feeble, during her life. Defendant is to give her house and lot described in the eoml>laint. Complainant is put in possession of the house, defendant makes will devising it to complainant and delivers the will to comlilainant, and calls it a deed. The defendant has made a new will, and devised this house and lot to another.
Complainant avers that defendant has breached…
2Cases cited6 opinions
- Bolman v. OverallSupreme Court of Alabama · 1886
- Gardner v. KnightSupreme Court of Alabama · 1899
- Tombigbee Valley R. R. v. Fairford Lumber Co.Supreme Court of Alabama · 1908
- Stewart v. WhiteSupreme Court of Alabama · 1914
- Chadwick v. ChadwickSupreme Court of Alabama · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- General Securities Corporation v. WeltonSupreme Court of Alabama · 1931
- Merchants Nat. Bank of Mobile v. CotnamSupreme Court of Alabama · 1948
- Cox v. HuttoSupreme Court of Alabama · 1927
- Taylor v. CatheySupreme Court of Alabama · 1924
- Hendrix v. PiqueSupreme Court of Alabama · 1938
4 more not listed; retrieve them via the Exa API.