Enslen v. Allen
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by D. F-. Allen against Della W. Enslen and her husband to compel specific performance of a contract, and for an accounting. From a decree overruling demurrers to the bill, respondents appeal.
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Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by D. F-. Allen against Della W. Enslen and her husband to compel specific performance of a contract, and for an accounting. From a decree overruling demurrers to the bill, respondents appeal. Where a bill is twice amended by separate papers, first by adding a clause to a paragraph and striking out another entire-paragraph and substituting another for it, and second by striking out an entire paragraph and substituting another for it, each of the amendments alleging new and different matter, one of. both the amendments…
1Opinion of the CourtSayre, J.
On September 10, 1895, Della W. Enslen and D. P. Allen entered into an agreement for the purchase of a certain lot in the city of Birmingham, and did purchase the same, for the common benefit of the parties, title to be taken in Mrs. Enslen with an agreement to convey a half interest to complainant Allen *533when he should have paid his part of the purchase money. The lot was at the time under mortgage to Mrs. Lowry for $6,000, and it was the understanding of the purchasers that this or some substitutionary lien upon the property should be continued indefinitely. Of the first payment of $750,…
2Cases cited10 opinions
- Louisville & Nashville R. R. v. WilliamsSupreme Court of Alabama · 1911
- Kennedy v. HazeltonSupreme Court of the United States · 1888
- Manning v. PippenSupreme Court of Alabama · 1888
- Kent v. DeanSupreme Court of Alabama · 1900
- Adams v. SayreSupreme Court of Alabama · 1881
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Julian v. WoolbertSupreme Court of Alabama · 1919
- Lauderdale v. Peace Baptist ChurchSupreme Court of Alabama · 1944
- Myers v. EllisonSupreme Court of Alabama · 1947
- Phillipps v. Birmingham Industrial Co.Supreme Court of Alabama · 1909
- Clay v. CumminsSupreme Court of Alabama · 1917
11 more not listed; retrieve them via the Exa API.