Pepper v. Horn
Supreme Court of Alabama
Appeal from Sumter Chancery Court. Heard before Hon. Thomas H. Smith. Bill by Perry P. Pepper against Alex G. Horn and another, for specific performance. Decree sustaining demurrer to the amended bill and complainant appeals.
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Appeal from Sumter Chancery Court. Heard before Hon. Thomas H. Smith. Bill by Perry P. Pepper against Alex G. Horn and another, for specific performance. Decree sustaining demurrer to the amended bill and complainant appeals. The bill alleges that Coleman was the owner of a certain described lot, and that prior to the time of the filing of the bill complainant bought the lot from Coleman, and agreed to give him the sum of $400 for it, and that Coleman furnished orator $1,300 with which to build a house on the lot, paid $30 to have the house insured, and purchased for orator $500 of stock in…
1Opinion of the Court
McCLELLAN, J.(l) This bill, original and as amended, sought the specific performance of a contract to convey a town lot in York, Sumter county. The certificate of appeal recites *397that, on March 28, 1916, the complainant, Pepper, took an appeal from two decrees, sustaining demurrers to the bill. The first decree, entered November 29, 1915, adjudged the original bill to be subject to the demurrer. On December 15, 1915, after the ruling on the demurrer, the complainant materially amended his bill; and, in response to demurrer addressed to the amended bill, the chancellor held it to be subject to…
2Cases cited9 opinions
- City of Birmingham v. Southern Express Co.Supreme Court of Alabama · 1909
- City Council v. National Building & Loan Ass'nSupreme Court of Alabama · 1895
- Parker v. HubbardSupreme Court of Alabama · 1879
- Lee v. StateSupreme Court of Alabama · 1904
- Winn v. DillardSupreme Court of Alabama · 1877
4 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Lewis v. MartinSupreme Court of Alabama · 1923
- Miller v. State Ex Rel. PeekSupreme Court of Alabama · 1947
- Herring v. GriffinSupreme Court of Alabama · 1924
- Moor v. MoorSupreme Court of Alabama · 1924
- Peters v. Chas. Schuessler & SonsSupreme Court of Alabama · 1923
16 more not listed; retrieve them via the Exa API.