Bentley v. Barnes
Supreme Court of Alabama
Appeal from Covington Chancery Court. Heard before Hon. L. D. Gardner. Bill by W. B. Barnes against A. J. Bentley and another to compel specific performance of contract. Decree for complainant and respondents appeal.
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Appeal from Covington Chancery Court. Heard before Hon. L. D. Gardner. Bill by W. B. Barnes against A. J. Bentley and another to compel specific performance of contract. Decree for complainant and respondents appeal. The bill as amended introduced a new cause of action and ivas without right. — Glass v. Glass, 76 Ala. 868; Ward v. Patton, 75 Ala. 207; Rapier v. Gulf 'City Go., 69 Ala. 476; Scott v. Ware, 64 Ala. 174. On the authority of Bentley v. Barnes, 47 South. 159, the decree of the chancellor should be reversed and the cause remanded. An unwilling complainant, who is a necessary party,…
1Opinion of the CourtSimpson, J.
This case was before this court at a previous term, and a full statement of the case as it then stood will be found in Bentley et al. v. Barnes, 155 Ala. 659, 47 South. 159. In that case the bill was held to be multifarious.
According to the original bill it was alleged that said Bentley, being the owner of certain real estate, agreed with the complainant, to convey the same to him, if complainant Avould take up certain mortgages thereon; that complainant did take up said mortgages, and was placed *526in possession of said property by said Bentley; but that afterward said Bentley excluded…
2Cases cited4 opinions
- Brewer v. BrewerSupreme Court of Alabama · 1851
- Bentley v. BarnesSupreme Court of Alabama · 1908
- Arrington v. PorterSupreme Court of Alabama · 1872
- Breitling's Administrators v. Clarke & Co.Supreme Court of Alabama · 1873
3Cited by7 opinions
- McMillan, Ltd. v. WARRIOR DRILLING & ENG.Supreme Court of Alabama · 1987
- Boozer v. BlakeSupreme Court of Alabama · 1944
- Matthews v. BarteeSupreme Court of Alabama · 1923
- Wirtz v. GordonMississippi Supreme Court · 1938
- Witt v. BootheSupreme Court of Kansas · 1916
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