Pulliam v. Owen
Supreme Court of Alabama
Appeal from the Chancery Court of Macon. Heard before the Hon. James B. Clark. Bill for specific PERFORMANCE. The complainant, Jas.
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Appeal from the Chancery Court of Macon. Heard before the Hon. James B. Clark. Bill for specific PERFORMANCE. The complainant, Jas. Pulliam, alleges that, in September, 1845, Robert Owen, one of the defendants, sold to William Russell, who is also made a defendant to the bill, a tract of land containing twenty-eight acres, (being a part of section seven, in township nineteen, and range twenty-five,) for the sum of $224; that the full amount of the purchase money was paid at the time of the sale, and said Owen, not having at that time obtained the legal title to the land, executed his bond for…
1Opinion of the Court
GOLDTHWAITE, J. —
We agree with the chancellor, that the only consideration for the bond for titles, as shown by the record, was the indebtedness of Owen to Bussell to the amount of $224 ; so that, regarding the purchase money as fully paid, the first question is, whether the conduct of Bus-sell has been such as to entitle him To the assistance of the court, had he been the complainant. It is true, that all applications to compel a specific performance are addressed to the discretion of the court; but this is not an arbitrary or capricious discretion, but one which is regulated, as near as may…
2Cases cited4 opinions
- Lindsay v. Jackson & McJimpseyNew York Court of Chancery · 1831
- Tuscumbia, Courtland & Decatur Rail Road v. RhodesSupreme Court of Alabama · 1845
- Roper v. McCook & Robertson's Adm'rSupreme Court of Alabama · 1845
- Byrd v. OdemSupreme Court of Alabama · 1846
3Cited by18 opinions
- Mahone v. WilliamsSupreme Court of Alabama · 1863
- Webb v. Webb's HeirsSupreme Court of Alabama · 1857
- Ex parte BanksSupreme Court of Alabama · 1856
- Chambers v. WrightSupreme Court of Alabama · 1875
- Penney v. NortonSupreme Court of Alabama · 1919
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