Moses v. McClain
Supreme Court of Alabama
Appeal from the Cbancery Court of Colbert. Heard before the Hon. Thomas Cobjbs. The bill in this case was filed on the 10th April, 1887, by Abram J. Moses, against John W. McClain; and sought the specific performance of a contract for the sale of a tract of land by defendant to complainant.
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Appeal from the Cbancery Court of Colbert. Heard before the Hon. Thomas Cobjbs. The bill in this case was filed on the 10th April, 1887, by Abram J. Moses, against John W. McClain; and sought the specific performance of a contract for the sale of a tract of land by defendant to complainant. The contract, a copy of which was made an exhibit to the bill, was dated October 21st, 1886, signed by the defendant, and in these words: “Eor and in consideration of the sum of one dollar in hand paid, I hereby give A. J. Moses an option on my lands arid improvements situated near Sheffield, known as my…
1Opinion of the CourtStone, C. J.
— The present suit is a bill for specific performance of a contract of sale of one hundred and twenty acres of land, alleged to have been entered into in Octobei’, 1886. The undisputed facts are, that McClain was at the time a married man, residing on the lands as his homestead ; that he alone entered into the agreement of sale to Moses, without the concurrence of his wife; and that when called on to consummate the sale, a day or two after the agreement, he declined to do so, giving as a reason that his wife would not consent to join in the execution of said conveyance, or sign the deed for…
2Cases cited9 opinions
- Miller v. MarxSupreme Court of Alabama · 1876
- Wilks v. Georgia Pacific RailroadSupreme Court of Alabama · 1885
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- DeGraffenried v. ClarkSupreme Court of Alabama · 1883
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