Deming v. Lee
Supreme Court of Alabama
Appeal from Conecuh. Chancery Court. .Heard before Hon. L. D. Gardner. Bill by J. D. Deming against Walter Lee and others - to enforce a trust and for other relief. Decree for respondents, and complainant appeals.
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Appeal from Conecuh. Chancery Court. .Heard before Hon. L. D. Gardner. Bill by J. D. Deming against Walter Lee and others - to enforce a trust and for other relief. Decree for respondents, and complainant appeals. The contract here related is voidable at the election of the vendor and the vendee has no right to recover damages for -its breach, and no court will compel, specific performance, r but the vendor must return just such property ns he. may have received under the contract he elects to treat as void. — Flinn v. Barbour, 59 Ala. 446; s. c. 64 Ala, 193. Title acquired by fraud makes the…
1Opinion of the CourtSimpson, J.
The bill in this case was filed by the appellant, alleging that when the county was about to sell, at public outcry, a jail lot, which joined complainant’s property on one side and the property of defendants on the other, complainant made an oral agreement with defendants that Arthur Cunningham should purchase said jail lot at said sale, and hold the same in trust for complainant and defendants, said agreement fixing complainant’s interest as one-half, and that of the defendant’s together at one-half; that said Arthur Cunningham agreed to so act for said parties, and on the 25th day of August…
2Cases cited20 opinions
- Ryan v. . DoxNew York Court of Appeals · 1866
- Lehman v. LewisSupreme Court of Alabama · 1878
- Patton v. BeecherSupreme Court of Alabama · 1878
- Nelson v. Shelby Manufacturing & Improvement Co.Supreme Court of Alabama · 1893
- Butts v. CooperSupreme Court of Alabama · 1907
15 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Anders v. SandlinSupreme Court of Alabama · 1914
- Darby v. JohnsonSupreme Court of Alabama · 1985
- Gordon v. Central Park Little Boys LeagueSupreme Court of Alabama · 1960
- Meeks v. MeeksSupreme Court of Alabama · 1944
- Mizamore v. BerglinSupreme Court of Alabama · 1916
6 more not listed; retrieve them via the Exa API.