West v. McKay

In order that “the purchaser be put in possession of the land by the seller,” in compliance with section 8034, subd. 5, Code, the possession of the purchaser “must refer exclusively to the contract sought to be enforced and be such as would not be done but for” it. Formby v. Williams, 203 Ala. 14, 81 So. 682, 683; Jones v. Jones, 219 Ala. 62, 121 So. 78; Hagood v. Spinks, 219 Ala. 503, 122 So. 815.

So that from this general rule it follows that the possession of a tenant in common who has contracted orally to buy from his cotenant is ordinarily not sufficient as an act of part performance of…