Williams v. Woods
Supreme Court of Alabama
■ Appeal from the Chancery Court of Clay. . Heard before the Hon. J. R. Dowdell. W. J. Wiliams bought a piece of land from S. H. Wood, executed his note in part of the purchase money and'received a bond for title. Williams afterwárds brought a suit in the chancery court for the specific per-forriiance of the contract. During the progress of the suit he became a non-resident of this State and was by tbe court on motion of tbe respondent required to give surety for tbe cost.
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■ Appeal from the Chancery Court of Clay. . Heard before the Hon. J. R. Dowdell. W. J. Wiliams bought a piece of land from S. H. Wood, executed his note in part of the purchase money and'received a bond for title. Williams afterwárds brought a suit in the chancery court for the specific per-forriiance of the contract. During the progress of the suit he became a non-resident of this State and was by tbe court on motion of tbe respondent required to give surety for tbe cost. He failed to give tbis surety and tbe bill was dismissed. He afterwards transferred tbe bond for title to A. M. Williams,…
1Opinion of the CourtHaralson, J.
— -The defendant, Woods, interposed in tbe court below his plea of res adjudicata, to tbe further maintenance of tbe bill in tbis case.
Tbe facts set up in that plea, as stated by appellee’s counsel in their brief in tbis court, are, — “That on, to-wit, tbe 25th day of March, 1893, W. J. Williams, tbe party described in tbe bill (in the original suit) as grantee of tbe appellant (in tbis suit) filed bis bill against tbe appellee (S. H. Woods), asking for specific performance of tbe same contract which is here sued on; that an answer was filed to tbis bill, tbe cause [was) set *538for final…
2Cases cited4 opinions
- McCall v. JonesSupreme Court of Alabama · 1882
- Strang v. MoogSupreme Court of Alabama · 1882
- Hanchey v. CoskreySupreme Court of Alabama · 1886
- Neafie v. NeafieNew York Court of Chancery · 1823
3Cited by2 opinions
- Terrell v. NelsonSupreme Court of Alabama · 1917
- Steagall v. Sloss-Sheffield Steel & Iron Co.Supreme Court of Alabama · 1922