McWilliams v. Jenkins
Supreme Court of Alabama
Appeal from the Chancery Court of Colbert. Heard before the Hon. TiioMAs Cobbs. This case was before this court at its December term, 1880, and is reported, under the name of Jenhms v. Harrison, in 66 Ala. 345-361. The bill was filed on the 29th March, 1876, by John B. Harrison, against John S. Jenkins and others, children and heirs at law of Thomas B. Jenkins, deceased; and sought the specific performance of a contract entered into between the complainant and said decedent,…
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Appeal from the Chancery Court of Colbert. Heard before the Hon. TiioMAs Cobbs. This case was before this court at its December term, 1880, and is reported, under the name of Jenhms v. Harrison, in 66 Ala. 345-361. The bill was filed on the 29th March, 1876, by John B. Harrison, against John S. Jenkins and others, children and heirs at law of Thomas B. Jenkins, deceased; and sought the specific performance of a contract entered into between the complainant and said decedent, for a sale or exchange of lands, as shown by the written agreement, signed by both of them, which is set out in the…
1Opinion of the CourtSomeryille, J.
The bill was originally one for specific performance, brought by the intestate, Harrison, against the appellees, as heirs of one Jenkins, to compel the conveyance of certain lands. The proof in the cause showing a failure of title to a portion of the land, constituting the homestead of the decedent and his family, which was attributable to an incurable defect in the instrument purporting to alienate it, the chancellor rescinded the contract of conveyance, and made a decree on September 17, 1877, the ultimate purpose of which was to put the parties, or their privies in estate, in statu quo, as…
2Cases cited9 opinions
- Jenkins v. HarrisonSupreme Court of Alabama · 1880
- Aday v. EcholsSupreme Court of Alabama · 1850
- Fellows v. LewisSupreme Court of Alabama · 1880
- Lehman, Durr & Co. v. BryanSupreme Court of Alabama · 1880
- Warfield v. CampbellSupreme Court of Alabama · 1863
4 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Bolman v. LohmanSupreme Court of Alabama · 1883
- State v. . JacobsSupreme Court of North Carolina · 1890
- Mulheron v. Henry S. Koppin Co.Michigan Supreme Court · 1922
- Hunt v. JonesSupreme Court of Alabama · 1919
- Myers v. EllisonSupreme Court of Alabama · 1947
17 more not listed; retrieve them via the Exa API.