Boylan v. Wilson
Supreme Court of Alabama
Appeal from Circuit Court, Montgomery County; Gaston Gunter, Judge. . Suit by Theobald Boylan and others against Albert F. Wilson. From decree for defendant, complainants appeal.
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Appeal from Circuit Court, Montgomery County; Gaston Gunter, Judge. . Suit by Theobald Boylan and others against Albert F. Wilson. From decree for defendant, complainants appeal. Tlje contract between the parties follows: “July 13, 1916. This agreement made by and between Annie U. Boylan, Theobald Boylan and Sallie M. Boylan, parties of the first part, and Albert F. Wilson, party of the second part, on this July 13, 1916. Whereas the parties of the first part have agreed to sell and convey unto the said Albert F. Wilson and the said Albert F. Wilson has agreed to buy, all their right, title…
1Opinion of the Court
McCLELLAN, j.
From a decree sustaining appellee’s demurrers to the appellants’ bill as last amended, the appeal is prosecuted. The complainants (appellants) seek the specific •performance of a written contract for the sale and purchase of real estate, two lots in the city of Montgomery. The bill recites that the lots belonged in 1906 to T. J. Toole; that he mortgaged them to Miss Carr in 1906; .that in June, 1909, this mortgage was foreclosed under the power of sale, complainants becoming the purchasers of the lots and receiving a deed thereto; and that on July 13, 1916, the defendant…
2Cases cited14 opinions
- Chambers v. RingstaffSupreme Court of Alabama · 1881
- Vought v. . WilliamsNew York Court of Appeals · 1890
- Hennessy v. WoolworthSupreme Court of the United States · 1888
- Heller v. . CohenNew York Court of Appeals · 1897
- Fagan v. HookSupreme Court of Iowa · 1905
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3Cited by8 opinions
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- M & F Bank v. First American Title Insurance Co.Supreme Court of Alabama · 2013
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