Whisenant v. Gordon
Supreme Court of Alabama
Appeal from the Chancery Court of Marshall. Heard before the Hon. S. K. McSpahden. The bill in this case was filed on October 3, 1889, by the appellee, Bathsheba Gordon against George Whisenant; and prayed to have specifically enforced an alleged parol agreement, by the respondent for the re-conveyance of certain lands, and for an injunction restraining the execution of a judgment recovered in favor of the respondent against the complainant in an action of ejectment.
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Appeal from the Chancery Court of Marshall. Heard before the Hon. S. K. McSpahden. The bill in this case was filed on October 3, 1889, by the appellee, Bathsheba Gordon against George Whisenant; and prayed to have specifically enforced an alleged parol agreement, by the respondent for the re-conveyance of certain lands, and for an injunction restraining the execution of a judgment recovered in favor of the respondent against the complainant in an action of ejectment. The facts of thu case are sufficiently stated in the opinion. On the final submission of the cause, on the pleadings and proof,…
1Opinion of the CourtWalker, J.
The parties to this suit claim the land in dispute under different conveyances from Mrs. Mary Whisenant. In October, 1877, she conveyed the land by deed to the appellant, who is her son, In October, 1881, she executed another conveyance of the same land to Mrs. Gordon, the appellee. It is not alleged or claimed that the appellant ever reconveyed the legal title to his mother. The claim is that by a parol agreement between them, made prior to the execution of the conveyance to Mrs. Gordon, the deed to the appellant was can-celled, and by him surrendered to his mother, who was restored to the…
2Cases cited15 opinions
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- Carlisle v. CarlisleSupreme Court of Alabama · 1884
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