Legal Opinion

Downs v. Downs

Supreme Court of Alabama

Decided October 9, 1952No. 6 Div. 329PublishedCited by 5 opinions

1Opinion of the Court

SIMPSON, Justice.

This is a suit in equity by appellant for specific performance of an oral agreement to execute a mortgage or to declare and establish an equitable lien on personal property. The question of the sufficiency of the bill is not raised on this appeal. On a final hearing the trial court denied relief and dismissed the bill. The decree must be affirmed.

The evidence was substantial that whatever debt was owing the plaintiff by the defendant had been paid. While this was, of course, controverted by the plaintiff, the trial court concluded against her contention. So under the…

2Cases cited3 opinions

  1. Rodgers v. ThorntonSupreme Court of Alabama · 1950
  2. Williams v. DavisSupreme Court of Alabama · 1908
  3. Palmer v. JamesSupreme Court of Alabama · 1924

3Cited by5 opinions

  1. Quinlivan v. QuinlivanSupreme Court of Alabama · 1959
  2. Louisville & Nashville Railroad Co. v. SolchenbergerSupreme Court of Alabama · 1960
  3. Davis v. RobinsonSupreme Court of Alabama · 1972
  4. Louisville & Nashville Railroad Co. v. SolchenbergerSupreme Court of Alabama · 1960
  5. Moore v. CulpepperSupreme Court of Alabama · 1981

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