Burrow v. Clifton
Supreme Court of Alabama
Appeal from Olay County Court. Heard before Hon. E. J. Garrison. Bill by C. D. Clifton against J. W. Burrows for specific performance. Decree for complainant and respondent appeals. There is no equity in the bill. — §§ 4196, 4207, Code 1907. The Clay county court had no jurisdiction. — § 3093, Code 1907; Hanoell v. Lehman, 72 Ala. 344. Complainants were not parties to the contract, and not entitled to specific performance. • — 1 Dan.
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Appeal from Olay County Court. Heard before Hon. E. J. Garrison. Bill by C. D. Clifton against J. W. Burrows for specific performance. Decree for complainant and respondent appeals. There is no equity in the bill. — §§ 4196, 4207, Code 1907. The Clay county court had no jurisdiction. — § 3093, Code 1907; Hanoell v. Lehman, 72 Ala. 344. Complainants were not parties to the contract, and not entitled to specific performance. • — 1 Dan. Ch. 285; Waterman on Specific Perf. § 63. There can be no homestead in lands the title to which was not in decedent at the time of his death. — Jones v.…
1Opinion of the Court
SAYRE, J. —
This bill Avas filed by appellee to enforce the specific performance of a contract by Avhich appellee’s husband, now dead, assumed to buy and appellant to sell a certain 80-acre tract of land in Randolph county, and to enjoin an action of ejectment brought by appellant against appellee for the recovery of the land. By the contract, of date December 20, 1909, appellee’s husband, W. L. Clifton, agreed to pay $900 in equal annual installments of $180, due November 1st in 1910, 1911, 1912, 1913, and 1914. All installments paid, appellant agreed in writing to make a warranty deed.…
2Cases cited4 opinions
- Tyler v. JewettSupreme Court of Alabama · 1886
- Garland v. BostickSupreme Court of Alabama · 1897
- McKay v. BroadSupreme Court of Alabama · 1881
- Reeres & Co. v. BrownSupreme Court of Alabama · 1893
3Cited by6 opinions
- Dunn v. PoncelerSupreme Court of Alabama · 1937
- Saliba v. BrackinSupreme Court of Alabama · 1953
- Stone v. Davenport Bros.Supreme Court of Alabama · 1917
- Burg v. SmithSupreme Court of Alabama · 1931
- Murphy v. VaughanSupreme Court of Alabama · 1933
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