Pike v. Pettus
Supreme Court of Alabama
Ai’peal from Madison Chancery Court. Heard before Hon. N. S. G-bai-iaM. The bill in this cause was filed by William A. Pike against Samuel J. Pettus, on 18th October, 1879, to enjoin an action of ejectment which the defendant had commenced against the complainant in the Circuit Court of Madison county, and to have set aside and cancelled a deed executed by the sheriff of said county, under which the defendant claimed title.
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Ai’peal from Madison Chancery Court. Heard before Hon. N. S. G-bai-iaM. The bill in this cause was filed by William A. Pike against Samuel J. Pettus, on 18th October, 1879, to enjoin an action of ejectment which the defendant had commenced against the complainant in the Circuit Court of Madison county, and to have set aside and cancelled a deed executed by the sheriff of said county, under which the defendant claimed title. On loth March, 1860, the complainant purchased the north-west quarter of section sixteen, township three, range two, west, and, with James Johnston and another as his…
1Opinion of the CourtStone, J.
The present case must be disposed of on the principles which obtain in suits for specific performance of a contract for the sale and purchase of land, of which there,is no agreement, or note or memorandum thereof m writing, “subscribed by the party to be charged therewith, or some other person by him thereunto lawfully authorized in writing.” — Code of 1876, § 2121. In Waterman on Specific Performance, § 265, it is said: “The parol agreement must be clearly proved, in order to take it out of the statute by part performance. . . Equity will not enforce specific performance of a parol…
2Cited by9 opinions
- Formby v. WilliamsSupreme Court of Alabama · 1919
- Merchants Nat. Bank of Mobile v. SteinerSupreme Court of Alabama · 1981
- Murphy v. PickleSupreme Court of Alabama · 1956
- Hargreaves v. BurtonUtah Supreme Court · 1922
- Walker v. WalkerSupreme Court of Alabama · 1943
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