Chadwick v. Chadwick
Supreme Court of Alabama
Appeal from the Chancery Court of Russell. Heard before the Hon. Jere N. Williams. The bill in this case alleges that J. L. Chadwick, T. H. ChadAvick and O. D. ChadAvick, together with their mother, Mrs. M. F. ChadAvick, purchased a piece of land on credit; that they jointly cultivated the land, and from the proceeds of the cultivation paid the purchase money for the land; that the deed Avas executed to the mother, Mrs. ChadAvick; that the complainant, J. L. Chadwick,…
Read the full summary
Appeal from the Chancery Court of Russell. Heard before the Hon. Jere N. Williams. The bill in this case alleges that J. L. Chadwick, T. H. ChadAvick and O. D. ChadAvick, together with their mother, Mrs. M. F. ChadAvick, purchased a piece of land on credit; that they jointly cultivated the land, and from the proceeds of the cultivation paid the purchase money for the land; that the deed Avas executed to the mother, Mrs. ChadAvick; that the complainant, J. L. Chadwick, contracted Avitk the others to purchase their several interests, the terms being to pay each of his brothers an agreed price…
1Opinion of the CourtSharpe, J.
— The contract described in this bill belongs to a peculiar class to which the remedy of specific enforcement is not adapted or applied. ■ The chief consideration moving to the defendant for the conveyance which the complainant seeks to compel is the agreement on his part to allow the defendant to reside with him, and to support her during her life. It is an undertaking which implies the legal duty on his part not only to furnish necessaries for defendant’s support, but to treat her with due consideration so that her existence as a member of his household might be at least tolerable. The…
2Cases cited4 opinions
- Iron Age Publishing Co. v. Western Union Telegraph Co.Supreme Court of Alabama · 1887
- Irwin v. BaileySupreme Court of Alabama · 1882
- Bourget v. MonroeMichigan Supreme Court · 1885
- Bumpus v. BumpusMichigan Supreme Court · 1884
3Cited by9 opinions
- General Securities Corporation v. WeltonSupreme Court of Alabama · 1931
- Pierce v. WatsonSupreme Court of Alabama · 1949
- Poe v. KempSupreme Court of Alabama · 1921
- Martin v. MartinCourt of Appeals of Texas · 1950
- Texas Farm Bureau Cotton Ass'n v. StovallCourt of Appeals of Texas · 1923
4 more not listed; retrieve them via the Exa API.