Forney v. City of Birmingham
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by J. C. Forney against the City of Birmingham' for specific performance of a contract-. From a decree overruling demurrers to the bill, defendant appeals.
Read the full summary
Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by J. C. Forney against the City of Birmingham' for specific performance of a contract-. From a decree overruling demurrers to the bill, defendant appeals. The facts made by the hill are that Forney held options to purchase from the owner thereof certain described lands; that tbe option was running in tbe name of one M. Y. Henry, or his assigns, who was in truth and in fact acting for orator in the transaction; that the options were in full force and effect on the day the respondent corporation, becoming aware that…
1Opinion of the CourtDowdell, C. J.
The bill is in the nature of a bill for the specific performance of a contract. A general demurrer for want of equity was filed to the bill, and from the decree of the chancellor, overruling the demurrer, this appeal is prosecuted.
If the appellant’s grantor had not parted with the legal title to the land, no one would question the right of the appellee, on the facts averred in the bill, to compel such grantor, in a bill for that purpose in a court of equity, to convey title to the appellee. The respondent, the appellant here, having purchased the land with full knowledge of the existing…
2Cases cited3 opinions
- Meyer Bros. v. MitchellSupreme Court of Alabama · 1883
- Ross v. ParksSupreme Court of Alabama · 1890
- Dickinson v. AnySupreme Court of Alabama · 1854
3Cited by7 opinions
- McMillan, Ltd. v. WARRIOR DRILLING & ENG.Supreme Court of Alabama · 1987
- Boozer v. BlakeSupreme Court of Alabama · 1944
- Matthews v. BarteeSupreme Court of Alabama · 1923
- Saliba v. BrackinSupreme Court of Alabama · 1953
- Tillman v. Calhoun Lumber Co.Supreme Court of Alabama · 1944
2 more not listed; retrieve them via the Exa API.