Eason v. Roe
Supreme Court of Alabama
Bill by R. R. Roe and another against J. M. Eason and others, to compel specific performance, and to enjoin an action in ejectment pending the outcome of the present controversy. Decree for complainants" and respondents appeal.
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Bill by R. R. Roe and another against J. M. Eason and others, to compel specific performance, and to enjoin an action in ejectment pending the outcome of the present controversy. Decree for complainants" and respondents appeal. The averment, distinctly, definitely and precisely of the contract sought to be performed is jurisdictional in a bill for specific performance, and essential to the right of recovery, and may be taken advantage of at the final submission. — Daniel v. Collins, 57 Ala. 625; Allen v. Young, 88 Ala. 338; Jones v. Jones, 155 Ala. 644. The bill failed in this essential…
1Opinion of the CourtSayre, J.
This bill was filed by R. R. and William Roe against the heirs at law of J. M. Eason, and sought a decree in the nature of a decree for the specific performance of an alleged contract by Avhich the said Eason had agreed to convey to complainants a certain tract of land in Talladega county. Eason’s personal representative Avas also made a party defendant. Complainants further prayed that an action of ejectment, brought by defendants, be enjoined pending the suit in equity. Complainants had relief in the court beloAV, and defendants appeal.
The bill, to state those parts of it about Avhich the…
2Cases cited4 opinions
- Cheney v. LibbySupreme Court of the United States · 1890
- Zirkle v. BallSupreme Court of Alabama · 1911
- McGraw v. County CommissionersSupreme Court of Alabama · 1889
- West v. EngelSupreme Court of Alabama · 1893
3Cited by8 opinions
- Blackburn v. McLaughlinSupreme Court of Alabama · 1918
- Forrester v. GranberrySupreme Court of Alabama · 1924
- Hill v. TaylorSupreme Court of Alabama · 1970
- West v. McKaySupreme Court of Alabama · 1932
- Enslen v. Woodlawn Realty & Development Co.Supreme Court of Alabama · 1923
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