Gachet v. Morton
Supreme Court of Alabama
Appeal from Bullock Chancery Court. Heard before Hon. L. D. Gardner. Bill by G. M. Gachet against A. M. Morton to specifically perform a contract for the sale of lands. Decree for respondent and complainant appeals.
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Appeal from Bullock Chancery Court. Heard before Hon. L. D. Gardner. Bill by G. M. Gachet against A. M. Morton to specifically perform a contract for the sale of lands. Decree for respondent and complainant appeals. Having failed to plead the statute of frauds, the chancellor ought not to have considered the statute in determining whether complainant was entitled to relief . — Shakespeare v. Alba, 76 Ala. 351; Phillips v. Adams, 93 Ala. 450; Strouse v. Filing, 110 Ala. 132; Marsh v. Frick, 1 Ala. App. 649. The statutory exception does not contemplate or require a payment of part of the…
1Opinion of the Court
MAYFIELD, J.-
This is a bill for specific performance of a contract for the sale of land. The contract *181sought to be enforced rests in parol; and is therefore in violation of the statute of frauds. Appellant, by his averments and proofs, seeks to take the case without the statute of frauds by bringing his case within the exception, in that a part of the purchase money was paid and the vendee placed in possession by the vendor. The case was submitted for a final decree on the pleadings and proof. All relief Avas denied the complainant by the chancellor; and from that decree this appeal is…
2Cases cited4 opinions
- Minge v. GreenSupreme Court of Alabama · 1912
- Homan v. StewartSupreme Court of Alabama · 1893
- Tombigbee Valley R. R. v. Fairford Lumber Co.Supreme Court of Alabama · 1908
- Merritt v. CoffinSupreme Court of Alabama · 1907
3Cited by6 opinions
- Ellis v. TreatCourt of Appeals for the Ninth Circuit · 1916
- McCreary v. StallworthSupreme Court of Alabama · 1924
- Citronelle Turpentine Co. v. BuhligSupreme Court of Alabama · 1913
- Thompson v. WilsonSupreme Court of Alabama · 1953
- Webster v. GunterSupreme Court of Alabama · 1974
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