Daniel v. Collins & Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Pike. Heard before the Hon. H. Austill. This was a bill filed by Jobn Daniel, appellant, against N. Collins and J. M. Fleming, merchants doing business under the firm name of N. Collins & Co., praying a specific performance of a contract between them, for the purchase of certain lands.
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Appeal from the Chancery Court of Pike. Heard before the Hon. H. Austill. This was a bill filed by Jobn Daniel, appellant, against N. Collins and J. M. Fleming, merchants doing business under the firm name of N. Collins & Co., praying a specific performance of a contract between them, for the purchase of certain lands. The averment of the bill setting out the contract is, briefly, as follows: “ That a short time before the sitting of the Chancery Court of Pike county, December term, 1873, complainant was indebted to defendants about five hundred dollars, due for goods, wares and merchandise,…
1Opinion of the CourtStone, J.
1. The bill avers, that when Daniel purchased the lands in controversy — 1868—Ray put him in possession. Speaking of the one hundred and twenty acres which Daniel claims was rightly left out of the conveyance to Collins & Co., the language of the bill (section 8) is as follows: “ Orator avers that these lands are all that is left, free from incumbrance, which he desires to retain as a homestead for himself and family.” The above comprises all that is averred in the bill, tending in the remotest degree to show that the lands in controversy are, or ever were, the homestead of complainant,…
2Cases cited1 opinion
- Miller v. MarxSupreme Court of Alabama · 1876
3Cited by21 opinions
- Meyer Bros. v. MitchellSupreme Court of Alabama · 1883
- Roquemore & Hall v. Mitchell Bros.Supreme Court of Alabama · 1910
- Blum v. CarterSupreme Court of Alabama · 1879
- Allen v. YoungSupreme Court of Alabama · 1889
- Murphy v. PickleSupreme Court of Alabama · 1956
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