Angel v. Simpson
Supreme Court of Alabama
Appeal from the Chancery Court of Lauderdale. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 21st April, 1886, by B. T. Simpson, against James M. Angel; and sought the specific execution of an agreement for the exchange of two tracts of lands. The written agreement, which was made an exhibit to the bill, was dated November 27th, 1885, signed by both parties, and in these words: “Agreement between J. M. Angel and B. T. Simpson.
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Appeal from the Chancery Court of Lauderdale. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 21st April, 1886, by B. T. Simpson, against James M. Angel; and sought the specific execution of an agreement for the exchange of two tracts of lands. The written agreement, which was made an exhibit to the bill, was dated November 27th, 1885, signed by both parties, and in these words: “Agreement between J. M. Angel and B. T. Simpson. B. T. Simpson sells to J. M. Angel 400 acres of land in Colbert’s Beserve, for $4,500, to be paid as follows: Angel to assume two mortgages,…
1Opinion of the CourtSomebyille, J.
1. The case of Meyer v. Mitchell, 75 Ala. 475, is conclusive of the present case, on the main point relied on by appellant’s counsel for a reversal. The uncertainty in description of the “ 400 acres of land in Colbert’s Beserve ” was entirely removed by proper and legal parol evidence clearly identifying this subject-matter of sale. It was alleged, and satisfactorily proved, that the appellee delivered possession of this land to the appellant, and took possession of the house and lot for which it was exchanged. It appears, moreover, that appellee owned no other land than this 400-acre tract…
2Cases cited5 opinions
- Brigham & Co. v. CarlisleSupreme Court of Alabama · 1884
- Meyer Bros. v. MitchellSupreme Court of Alabama · 1883
- Driggers v. CassadySupreme Court of Alabama · 1882
- Shakespeare v. AlbaSupreme Court of Alabama · 1884
- Meyer Bros. v. MitchellSupreme Court of Alabama · 1884
3Cited by18 opinions
- McMillan v. AikenSupreme Court of Alabama · 1920
- Hawkins v. StuddardSupreme Court of Georgia · 1909
- Howard v. AdkinsIndiana Supreme Court · 1906
- Ames v. AmesIndiana Court of Appeals · 1910
- Homan v. StewartSupreme Court of Alabama · 1893
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