Munford v. Pearce
Supreme Court of Alabama
Appeal from the Chancery Court of Hale. Heard before the Hon. Charles Turner. The bill in this case was .filed on the 1st September, 1877, by Mrs. Eleanor E. Pearce, against Thomas T. Munford, praying the specific performance of a contract, by which she agreed to sell and-convey to said Munford an undivided one-seventh in-^ terest in a tract of land, particularly described.
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Appeal from the Chancery Court of Hale. Heard before the Hon. Charles Turner. The bill in this case was .filed on the 1st September, 1877, by Mrs. Eleanor E. Pearce, against Thomas T. Munford, praying the specific performance of a contract, by which she agreed to sell and-convey to said Munford an undivided one-seventh in-^ terest in a tract of land, particularly described. The terms of* the original contract were thus stated in the.bill: “In the year 1872, your oratrix made a verbal contract and agreement with one Thomas T. Munford, who now resides in Lynchburg, Virginia, which was in…
1Opinion of the Court
SOMERYILLE,-J.
The rules of equity jurisprudence and practice certainly recognize the principle, that a bill for specific performance may be filed, by a vendor against a vendee, to compel the latter to accept a deed of conveyance to land. In such cases, however, there must be an offer made by the complainant to convey, on the payment by the defendant of the purchase-money.—Waterman Specif. Perf. §§ 446-447; Stevenson v, Maxwell, 2 N. Y. 408.
Technically, the, demurrer of appellant may have been well taken, and should have been sustained, so far as it had reference to this aspect of the 'bill;…
2Cases cited10 opinions
- Broughton v. MitchellSupreme Court of Alabama · 1879
- May v. LewisSupreme Court of Alabama · 1853
- Helvenstein v. HiggasonSupreme Court of Alabama · 1859
- Stevenson v. . MaxwellNew York Court of Appeals · 1849
- Todd v. Flournoy's Heirs & Adm'rSupreme Court of Alabama · 1876
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3Cited by16 opinions
- Rosenau v. PowellSupreme Court of Alabama · 1911
- Cudd v. WoodSupreme Court of Alabama · 1921
- Linn v. McLeanSupreme Court of Alabama · 1885
- Bogan v. HamiltonSupreme Court of Alabama · 1890
- Shelby v. TardySupreme Court of Alabama · 1887
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