Rice v. Rice
Supreme Court of Alabama
Appeal from Marshall Circuit Court. Heard before Hon. James E. Horton, Jr. Bill by B. S. Rice against Charles C. Rice and J. B. Farmer, seeking specific performance of a verbal contract of sale, subrogation, or the establishment of a lien in the nature of a resulting trust. Decree for complainant, and respondents appeal.
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Appeal from Marshall Circuit Court. Heard before Hon. James E. Horton, Jr. Bill by B. S. Rice against Charles C. Rice and J. B. Farmer, seeking specific performance of a verbal contract of sale, subrogation, or the establishment of a lien in the nature of a resulting trust. Decree for complainant, and respondents appeal. The original and amended bill both alleged that B. S. Rice purchased from Charles C. Rice by verbal contract the lands described, took possession thereof, and paid part of the purchase price, agreeing to pay the balance, and when paid, that Charles C. Rice agreed to convey…
1Opinion of the CourtThomas, J.
From a decree of the chancery court declaring complainant’s right to specific performance, the appeal is taken.
*673(1) The respondents answered the bill, without testing the sufficiency of its averments by demurrer before answer, or at the time of answer, and as a part thereof, as they could have done under the statute.—Code, § 3128; Chancery Rule 72 (Code, p. 1550). Without having so demurred, the respondents cannot, for the first time on appeal, complain that the bill was not specific in its averments of tender, etc.—3 Mayf. Dig. p. 325, § 2820; Mountain v. Whitman, 103 Ala. 630, 16 South.…
2Cases cited13 opinions
- Jenkins v. HarrisonSupreme Court of Alabama · 1880
- Ashurst v. PeckSupreme Court of Alabama · 1893
- Zirkle v. BallSupreme Court of Alabama · 1911
- Zempel v. HughesIllinois Supreme Court · 1908
- Taylor v. NewtonSupreme Court of Alabama · 1907
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3Cited by3 opinions
- Irvin v. IrvinSupreme Court of Alabama · 1922
- Mitchell v. WalkerSupreme Court of Alabama · 1938
- Stacey v. StaceySupreme Court of Alabama · 1947