Johnson v. Chamblee
Supreme Court of Alabama
Appeal from Circuit Court, Cullman County; Robert C. Brickell, Judge. Suit by Robert Chamblee against H. E. Johnson. Prom decree overruling demurrer to the amended bill, respondent appeals. This appeal is from a decree overruling a demurrer to an amended bill. The original bill was to cancel a deed conveying 50 acres of land, more or less, which was executed by complainant to respondent.
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Appeal from Circuit Court, Cullman County; Robert C. Brickell, Judge. Suit by Robert Chamblee against H. E. Johnson. Prom decree overruling demurrer to the amended bill, respondent appeals. This appeal is from a decree overruling a demurrer to an amended bill. The original bill was to cancel a deed conveying 50 acres of land, more or less, which was executed by complainant to respondent. The bill alleges the main consideration for the deed to be that the grantee would provide and maintain a home and care for the grantor during the life of the latter. The grantor was an aged man, and was…
1Opinion of the CourtMayfield, J.
The case made by the bill in this cause is no better than the case made by the bill in the.case of Gardner v. Knight, 124 Ala. 273, 27 South. 298, in which it was decided that the bill was wholly without equity to cancel the deed, to specifically perform, or to enforce a vendor’s lien, or to reform a deed.
The material facts in the two cases are of course not identical, but, for the purpose of .giving equity to a bill, they may be treated as the same. If any difference, that difference was in favor of the equity of the bill in' the case of Gardner v. Knight, 124 Ala. 273, 27 South. 298. There…
2Cases cited18 opinions
- Louisville & Nashville R. R. v. WilliamsSupreme Court of Alabama · 1911
- Kennedy's Heirs v. Kennedy's HeirsSupreme Court of Alabama · 1841
- Manning v. PippenSupreme Court of Alabama · 1888
- Patton v. BeecherSupreme Court of Alabama · 1878
- Smith's v. CockrellSupreme Court of Alabama · 1880
13 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Phillips v. Sipsey Coal Mining Co.Supreme Court of Alabama · 1928
- Bush v. GreerSupreme Court of Alabama · 1937
- Russell v. CarverSupreme Court of Alabama · 1922
- McAdory v. JonesSupreme Court of Alabama · 1954
- Heartsill v. ThompsonSupreme Court of Alabama · 1944
12 more not listed; retrieve them via the Exa API.