Powell v. Higley
Supreme Court of Alabama
Appeal from tlie City Court of Birmingham, in equity. Heard before the Hon. H. A. Sharpe. The bill in this case was filed on the 6th .March, 188.8, by Irwin Buell Higley, against E. B. Powell and O. B. Powell, who were brothers; and sought the s^iecific performance of a contract for the sale and conveyance to the complainant of several lots particularly described in the written agreement between the parties, which was dated September 7th, 1887, and which was made an exhibit…
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Appeal from tlie City Court of Birmingham, in equity. Heard before the Hon. H. A. Sharpe. The bill in this case was filed on the 6th .March, 188.8, by Irwin Buell Higley, against E. B. Powell and O. B. Powell, who were brothers; and sought the s^iecific performance of a contract for the sale and conveyance to the complainant of several lots particularly described in the written agreement between the parties, which was dated September 7th, 1887, and which was made an exhibit to the bill, in these words: “Agreement between E. B. Powell, party of first part, and Irvin Buell Higley, party of the…
1Opinion of the CourtStone, C. J.
Many grounds of demurrer were interposed in this case, questioning the sufficiency of the bill. The City Court overruled the demurrer, and at the same time overruled the motion of defendants to dismiss the bill for want of equity. Those rulings are severally assigned as error- We think the bill sufficient, and find no error in either of these rulings.
It is also urged on behalf of appellant, that there is a fatal variance between the allegations of the bill and the proof in the cause, and for that reason the decree should be reversed. We hold that the variances complained of are only…
2Cases cited6 opinions
- Phillips v. ThompsonNew York Court of Chancery · 1814
- Aday v. EcholsSupreme Court of Alabama · 1850
- Heflin v. MiltonSupreme Court of Alabama · 1881
- Forney v. Calhoun CountySupreme Court of Alabama · 1887
- Allen v. YoungSupreme Court of Alabama · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Formby v. WilliamsSupreme Court of Alabama · 1919
- Irvin v. IrvinSupreme Court of Alabama · 1922
- Jones v. GainerSupreme Court of Alabama · 1908
- South & North Alabama Railroad v. Alabama Great Southern RailroadSupreme Court of Alabama · 1893
- Hale v. TysonSupreme Court of Alabama · 1918
8 more not listed; retrieve them via the Exa API.