Cox v. Cox
Supreme Court of Alabama
Appeal from the Chancery Court of Etowah. Heard before the Hon. B. B. McCraw. The record shows that in 1864 Thomas J. Cox and Emma O. Nuckolls intermarried. In 1867 Nathaniel A. Nuckolls, the father of Mrs. Emma O. Cox, purchased land, situated in Etowah county, of one J. E. Berry, and paid him, on the delivery of the deed of conveyance, the sum of six thousand dollars. This was the purchase money.
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Appeal from the Chancery Court of Etowah. Heard before the Hon. B. B. McCraw. The record shows that in 1864 Thomas J. Cox and Emma O. Nuckolls intermarried. In 1867 Nathaniel A. Nuckolls, the father of Mrs. Emma O. Cox, purchased land, situated in Etowah county, of one J. E. Berry, and paid him, on the delivery of the deed of conveyance, the sum of six thousand dollars. This was the purchase money. Thomas J. Cox, as an inducement to Berry to sell the land for this price, executed his promissory note for one thous- and dollars, payable to Berry twelve months after date. This note was not given…
1Opinion of the Court
BBICKELL, C. J.—
The bill is filed to enforce the specific performance of a verbal contract concerning lands. To support the bill, the contract must be clearly and distinctly averred, and must appear to be definite and unequivocal in all its terms; and if it is not admitted, the proofs of it must be clear and convincing. If the terms of the contract are uncertain, or ambiguous, or not made out by satisfactory proofs, a specific performance can not be decreed. “The reason,” says Judge STORY, “would seem obvious enough; for a court of equity ought not to act upon conjecture ; and one of the most…
2Cases cited5 opinions
- Phillips v. ThompsonNew York Court of Chancery · 1814
- Aday v. EcholsSupreme Court of Alabama · 1850
- Ellis v. BurdenSupreme Court of Alabama · 1840
- Goodwin v. LyonSupreme Court of Alabama · 1837
- Evans v. BattleSupreme Court of Alabama · 1851
3Cited by1 opinion
- Nolan v. MooreSupreme Court of Alabama · 1950