Johnston v. Little
Supreme Court of Alabama
Appeal from the City Court of Birmingham in Equity. Heard before the Hon. Charles W. Ferguson. The bill in this case was filed by the appellee, William H. Little, against R. I). Johnston and Lizzie Johnston, his wife, and Hugh M.' Hartón and Julia B. Hartón, his wife. The purpose of the bill and such facts averred therein as are necessary to an understanding of the decision upon the present appeal, are sufficiently stated in the opinion.
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Appeal from the City Court of Birmingham in Equity. Heard before the Hon. Charles W. Ferguson. The bill in this case was filed by the appellee, William H. Little, against R. I). Johnston and Lizzie Johnston, his wife, and Hugh M.' Hartón and Julia B. Hartón, his wife. The purpose of the bill and such facts averred therein as are necessary to an understanding of the decision upon the present appeal, are sufficiently stated in the opinion. The prayer of the hill was as follows: “ * * * that on the final hearing hereof a decree may be rendered declaring that the right acquired by the said H. M.…
1Opinion of the CourtSharpe, J.
As alleged in the bill the facts material to be considered on this appeal are substantially these: Complainant and the defendants, R. D. Johnston and H. M. Hartón, agreed that through Hartón a-tract of land belonging to Hawkins and others should be bought by complainant and Johnston, each of whom was. to have half interest in the land and to pay twenty-five dollars per acre for his interest, making fifty dollars per acre for the whole, which price-Johnston and Horton had told complainant and induced him to be*386lieve was the least at which the land could be bought. Complainant through Hartón…
2Cases cited7 opinions
- Seals v. Robinson & Co.Supreme Court of Alabama · 1883
- Yarborough's Adm'r v. AvantSupreme Court of Alabama · 1880
- Wheeler v. SageSupreme Court of the United States · 1864
- Baines v. BarnesSupreme Court of Alabama · 1879
- Birmingham Traction Co. v. . Birmingham Railway & Electric Co.Supreme Court of Alabama · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Lomita Land and Water Co. v. RobinsonCalifornia Supreme Court · 1908
- Glass v. CookSupreme Court of Alabama · 1952
- Tollett v. Montgomery Real Estate Ins. Co.Supreme Court of Alabama · 1940
- Costell v. First National Bank of MobileSupreme Court of Alabama · 1963
- Mattern v. CanavanCalifornia Court of Appeal · 1906
3 more not listed; retrieve them via the Exa API.