Harris v. Johnson
Supreme Court of Alabama
Appeal from Tallapoosa Chancery Court. Heard before Hon. W. W. Whiteside. Bill by B. D. W. Harris as administrator against A. J. Brummitt, as executor, revived in the name of R. L. Johnson, administrator cum testamento annexo for specific performance. From a decree for respondent on the cross bill, complainant, appeals.
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Appeal from Tallapoosa Chancery Court. Heard before Hon. W. W. Whiteside. Bill by B. D. W. Harris as administrator against A. J. Brummitt, as executor, revived in the name of R. L. Johnson, administrator cum testamento annexo for specific performance. From a decree for respondent on the cross bill, complainant, appeals. Counsel discusses the finding of the register and the chancellor, and insist that the same were erroneous, and that the finding should be reversed, but cites .no authority in support of his contention. A former final decree from which no appeal is taken cannot be reviewed upon…
1Opinion of the CourtSayre, J.
This bill was filed by J. W. Harris against A. J. Brummit as executor of the last will and *447testament of TV. A. Brummit, deceased; its prayer being for the specific performance of a contract entered into by complainant and defendant’s testator, by which testator agreed to convey to complainant a certain tract of land upon the payment of an agreed purchase price. Payments were to be distributed over a number of years, pending which testator died. Complainant conceded a balance due, but averred a tender, and offered to pay same as a condition of relief. Defendant denied that complainant was…
2Cases cited8 opinions
- Ex parte Elyton Land Co.Supreme Court of Alabama · 1893
- Perkins, Livingston & Post v. Brierfield Iron & Coal Co.Supreme Court of Alabama · 1884
- Bell v. HallSupreme Court of Alabama · 1884
- Watson v. OatesSupreme Court of Alabama · 1877
- Winn v. FitzwaterSupreme Court of Alabama · 1907
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Hodge v. JoySupreme Court of Alabama · 1921
- Carter v. MitchellSupreme Court of Alabama · 1932
- Gill v. MoreSupreme Court of Alabama · 1917
- Coker v. CokerSupreme Court of Alabama · 1922
- Pate v. StateSupreme Court of Alabama · 1943
10 more not listed; retrieve them via the Exa API.