Legal Opinion

Hart v. McClellan

Supreme Court of Alabama

Decided June 15, 1867PublishedCited by 5 opinions

Appeal from the Chancery Court of Henry. Heard before the Hon. N. W. Cocke. The bill in this case was filed, on the 13th February; 1866, by Daniel McClellan, against Manson D. Hart and Joel A. Hudspeth, for the purpose of compelling the specific performance of a parol contract for the'sale of lands. The material facts of the case are stated in the opinion of the court.

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Appeal from the Chancery Court of Henry. Heard before the Hon. N. W. Cocke. The bill in this case was filed, on the 13th February; 1866, by Daniel McClellan, against Manson D. Hart and Joel A. Hudspeth, for the purpose of compelling the specific performance of a parol contract for the'sale of lands. The material facts of the case are stated in the opinion of the court. On final hearing, on pleadings and proof, the chancellor rendered a decree for the complainant; and his decree is now assigned as error.

1Opinion of the CourtJudge, J.

The bill in this case is for the enforcement of specific performance of a parol contract for the sale of lands. It is contended by the appellee, that his case is without the influence of the statute of frauds, on the ground of an alleged payment by him of a portion of the purchase-money, and that he was put in possession of the land by the seller.—Code, § 1551.

The agreement sought to be enforced, it is alleged, was entered into in February, 1866, and was, in substance, that the appellee should pay one thousand dollars for the premises, in two installments, (five hundred dollars on the first…

2Cases cited3 opinions

  1. Bell v. ThompsonSupreme Court of Alabama · 1859
  2. Billingsley's Heirs v. BillingsleySupreme Court of Alabama · 1861
  3. Cox v. BoydSupreme Court of Alabama · 1861

3Cited by5 opinions

  1. Isom v. JohnsonSupreme Court of Alabama · 1920
  2. Milton Realty Co. v. WilsonSupreme Court of Alabama · 1926
  3. Green, Inc. v. SmithOhio Court of Appeals · 1974
  4. Chandler v. BodekerSupreme Court of Alabama · 1929
  5. Marie v. GarrisonThe Superior Court of New York City · 1883

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