Bass v. Gilliland's heirs
Supreme Court of Alabama
Weit of Error to the Court of Chancery sitting at Montgom-' ery. This was a suit commenced by the ancestor of the defendants, in Talladega, and transferred from the chancery court of that county, because the presiding chancellor had been intei’ested as counsel in the cause.
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Weit of Error to the Court of Chancery sitting at Montgom-' ery. This was a suit commenced by the ancestor of the defendants, in Talladega, and transferred from the chancery court of that county, because the presiding chancellor had been intei’ested as counsel in the cause. The object of the bill was to injoin a suit brought by Bass for the recovery of the possession of the land in question, and to enforce the specific performance of a contract to convey the title to the complainant. The contract of Bass is evidenced by his bond, in the sum of one thousand dollars, dated the 18th April, 1884,…
1Opinion of the CourtCollier, C. J.
It is certainly an acknowledged rule in equity, as well as at law, that the proofs must harmonize with and sustain the allegations of the complainant’s bill, in order to entitle him to the relief sought. In the present case, the ' contract sought to be enforced, is alleged to be an undertaking by Bass to make a title to Gilliland to half of the south half of section seventeen, &c.; while the vendor, by the condition of his bond, agrees to perfect the vendee!s title to “ half of the south of seventeen, &c.” It is insisted that the contract is too uncertain in its terms to authorize a court of…
2Cases cited1 opinion
- Paysant v. WareSupreme Court of Alabama · 1840
3Cited by17 opinions
- Jenkins v. HarrisonSupreme Court of Alabama · 1880
- Gentry v. RogersSupreme Court of Alabama · 1867
- Pearce v. Third Ave. Improvement Co.Supreme Court of Alabama · 1930
- Bolman v. LohmanSupreme Court of Alabama · 1885
- Jackson Realty Co. v. YeatmanSupreme Court of Alabama · 1929
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