Louisville & Nashville Railroad v. Philyaw
Supreme Court of Alabama
Appeal from the Chancery Court of Escambia. Heard before the Hon. John A. Foster. The bill in this case was filed on the 24th of March, 1890, by the Louisville & Nashville Railroad Company and its •lessor, the Mobile & Mouigomery Railroad Company, against •J. D. Philyaw and M. F. Brooks, the latter being the clerk of 'the Circuit Court of Escambia; and sought (1) the specific execution of an alleged parol contract for the sale of a tract of land by said Philyaw to one George…
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Appeal from the Chancery Court of Escambia. Heard before the Hon. John A. Foster. The bill in this case was filed on the 24th of March, 1890, by the Louisville & Nashville Railroad Company and its •lessor, the Mobile & Mouigomery Railroad Company, against •J. D. Philyaw and M. F. Brooks, the latter being the clerk of 'the Circuit Court of Escambia; and sought (1) the specific execution of an alleged parol contract for the sale of a tract of land by said Philyaw to one George B. Milstead, under whom the complainants claimed the land as sub-purchasers ; and (2) an injunction against the further…
1Opinion of the CourtMcCLELLAN, J.
— This cause was submitted for decree below on demurrers to the bill, motion to dismiss for want of equity, and motion to dissolve the injunction. Something is said in the opinion of the chancellor upon the matters involved in the demurrers, and also upon the general sufficiency *465of the bill; but no decree was passed either upon the demurrers, or upon the motion to dismiss the bill.’ The only decree rendered went solely upon the motion to dissolve, and dissolving the injunction; and the chancellor’s conclusion and action in that regard alone can be reviewed on this appeal.
We think the…
2Cases cited1 opinion
- Powell v. HigleySupreme Court of Alabama · 1890
3Cited by7 opinions
- Formby v. WilliamsSupreme Court of Alabama · 1919
- City Loan & Banking Co. v. PooleSupreme Court of Alabama · 1907
- Hartley v. MatthewsSupreme Court of Alabama · 1892
- Adams v. AdamsSupreme Court of Alabama · 1937
- Burt v. MosesSupreme Court of Alabama · 1924
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