Bogan v. Daughdrill
Supreme Court of Alabama
Abpeal from the Chancery Court of Cherokee. Heard before the Hon. B. B. McCraw. The bill in this case was filed on the 17th September, 1870, by .James H. Daughdrill, against Henry S. Bogan and James L. Webb; and sought the specific performance of a contract for the sale of a tract of land, of which the complainant was in possession under his alleged purchase from the defendants, and an injunction of a judgment in ejectment, which they had recovered against him for the land.
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Abpeal from the Chancery Court of Cherokee. Heard before the Hon. B. B. McCraw. The bill in this case was filed on the 17th September, 1870, by .James H. Daughdrill, against Henry S. Bogan and James L. Webb; and sought the specific performance of a contract for the sale of a tract of land, of which the complainant was in possession under his alleged purchase from the defendants, and an injunction of a judgment in ejectment, which they had recovered against him for the land. The tract of land, which had belonged to the defendants jointly, was described in the bill as the north half of the…
1Opinion of the CourtBrickell, J.
The object of the bill is the specific performance of contracts of purchase of real estate, made by the complainant with the defendants. From the pleadings and proofs it appears, that the defendants, Bogan and Webb, jointly owned a tract of land, on which was located a steam saw-mill, and other fixtures, and that they separately made a sale of their respective interests to the complainant. The contract with Bogan was reduced to writing, in the form of a bond for title, by which he covenanted to convey to the complainant on the payment of the purchase-money. The contract with Webb was by parol.
2Cases cited3 opinions
- Aday v. EcholsSupreme Court of Alabama · 1850
- Goodwin v. LyonSupreme Court of Alabama · 1837
- Kennedy v. MarrastSupreme Court of Alabama · 1871
3Cited by26 opinions
- Davis v. WilliamsSupreme Court of Alabama · 1900
- Homan v. StewartSupreme Court of Alabama · 1893
- Hall v. HallSupreme Court of Alabama · 1966
- Heyman v. HeymanIllinois Supreme Court · 1904
- Allen v. YoungSupreme Court of Alabama · 1889
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