Nelson v. Hammonds
Supreme Court of Alabama
Appeal from Limestone Chancery Court. Heard before Hon. W. H. Simpson. Bill by Daniel Hammonds against J. B. Nelson and another to specifically perform a contract for the sale of lands and for other relief. From a decree overruling demurrers to the bill and refusing to dissolve a temporary injunction, respondents appeal.
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Appeal from Limestone Chancery Court. Heard before Hon. W. H. Simpson. Bill by Daniel Hammonds against J. B. Nelson and another to specifically perform a contract for the sale of lands and for other relief. From a decree overruling demurrers to the bill and refusing to dissolve a temporary injunction, respondents appeal. The bill alleges an agreement to purchase and a contract to sell certain lands described in the bill, the payment of a part of the purchase money, and the going into possession of the land. The bill further alleges that Nelson is attempting to sell, or has contracted to sell,…
1Opinion of the CourtMcCLELLAN, J.
The demurrer, taking the objection that the bill is without equity, was properly over*19ruled. The broad equitable foundation of the bill is specific performance of a contract to convey land. If it be assumed that the agreement for the averred sale and purchase was not reduced to writing, since it is not expressly alleged that it was reduced to writing, the exception provided in the fifth subdivision of the statute of frauds (Code 1907, § 4289; Code 1896, § 2152) is averred to have been complied with by the payment of the purchase money, and by putting the complainant (purchaser) into…
2Cases cited6 opinions
- Barnard v. DavisSupreme Court of Alabama · 1875
- Denman v. PayneSupreme Court of Alabama · 1907
- Watts v. WomackSupreme Court of Alabama · 1870
- Harrison v. MaurySupreme Court of Alabama · 1903
- Wright v. SmithSupreme Court of Alabama · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Caples v. YoungSupreme Court of Alabama · 1921
- Shelton v. SheltonSupreme Court of Alabama · 1939
- City of Birmingham v. GravesSupreme Court of Alabama · 1917
- Boyd v. StateCourt of Criminal Appeals of Alabama · 1973
- Consumers Coal & Fuel Co. v. YarbroughSupreme Court of Alabama · 1915
21 more not listed; retrieve them via the Exa API.