Dilburn v. Youngblood & Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Lowndes. Heard before the Hon. Thos. W. Coleman. The bill in this case was filed on the 24th August, 1885, by H. H. Dilburn, against Youngblood & Co. as a partnership and individually, and against Peter Lee, a freedman; and sought to compel the specific performance of a written agreement, by which said Youngblood & Co. promised to transfer to him a certain crop-lien note given to them by said Peter Lee, and which was also signed by…
Read the full summary
Appeal from the Chancery Court of Lowndes. Heard before the Hon. Thos. W. Coleman. The bill in this case was filed on the 24th August, 1885, by H. H. Dilburn, against Youngblood & Co. as a partnership and individually, and against Peter Lee, a freedman; and sought to compel the specific performance of a written agreement, by which said Youngblood & Co. promised to transfer to him a certain crop-lien note given to them by said Peter Lee, and which was also signed by complainant as his surety, together with a mortgage on his crop and other property given by said Peter Lee to secure the payment…
1Opinion of the Court
CLOPTON, J.-
Appellant makes application by the bill for specific performance of a contract in relation to the transfer of a note and mortgage. Ordinarily, a court of equity will not decree specific performance of a contract in reference to personal property, unless it clearly appears that, on account of the nature of the contract, or the character of the subject-matter, or for other causes, a court of law is incapable of affording full and adequate compensation in damages for a breach of the contract. — Savery v. Spence, 13 Ala. 561; Powell v. Central Plank-road Co., 24 Ala. 441. The note to…
2Cases cited2 opinions
- Savery v. SpenceSupreme Court of Alabama · 1848
- Powell v. Central Plank Road Co.Supreme Court of Alabama · 1854
3Cited by4 opinions
- General Securities Corporation v. WeltonSupreme Court of Alabama · 1931
- Southern Iron & Equipment Co. v. VaughanSupreme Court of Alabama · 1918
- Lewman & Co. v. Ogden Bros.Supreme Court of Alabama · 1904
- Brown v. E. Van Winkle Grin & Machine WorksSupreme Court of Alabama · 1904