Roney v. Moss
Supreme Court of Alabama
Appeal from the Chancery Court of Henry. Heard before the Hon. John A. Foster. The bill in this case was filed on the 28th June, 1881, by John E. Eoney, against James Moss and Wyatt S. Oates; and sought a divestiture of the legal title to a tract of land out of said Moss, and an injunction of an action at law which he had brought against the complainant to recover the possession.
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Appeal from the Chancery Court of Henry. Heard before the Hon. John A. Foster. The bill in this case was filed on the 28th June, 1881, by John E. Eoney, against James Moss and Wyatt S. Oates; and sought a divestiture of the legal title to a tract of land out of said Moss, and an injunction of an action at law which he had brought against the complainant to recover the possession. The tract of land contained one- hundred and sixty acres, and was sold and conveyed to the complainant by said \Vyatt S. Oates, by deed dated the 23d September, 1878, on the consideration of $320 in hand paid; and…
1Opinion of the CourtBriqkell, C. J.
— It is a familiar doctrine of a court of equity, that au instrument in writing, intended as a conveyance of lands, wanting in some essential, element to pass the legal estate, — as the attestation of a subscribing witness, or an acknowledgment of execution before an officer having authority to take and certify it, or a defective acknowledgment, — will be regarded as an agreement to convey, and performance of it will be enforced.^-Goodlett v. Hansell, 66 Ala. 151; Jenkins v. Harrison, Ib. 345. It is scarcely necessary to say, that we refer to instruments executed by persons who are sui juris,…
2Cases cited1 opinion
- Goodlett v. HansellSupreme Court of Alabama · 1880
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