Knox v. Childersburg Land Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Talladega. Heard before the Hon. S. K. McSpadden. The bill in this case was filed on the 7th July, 1888, by the Childersburg Land Company, a private corporation organized under the general statutes, against Mrs. Amanda J. Knox and William E. Knox, her husband; and sought to compel the specific execution of an agreement on the part of the defendants, with several other persons, each to convey certain lands, particularly described, to one R C.…
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Appeal from the Chancery Court of Talladega. Heard before the Hon. S. K. McSpadden. The bill in this case was filed on the 7th July, 1888, by the Childersburg Land Company, a private corporation organized under the general statutes, against Mrs. Amanda J. Knox and William E. Knox, her husband; and sought to compel the specific execution of an agreement on the part of the defendants, with several other persons, each to convey certain lands, particularly described, to one R C. Carter, as trustee, for the use, benefit and purposes of said corporation when formed. It was alleged that the…
1Opinion of the CourtStone, C. J.
Tbe present bill was filed for tbe specific .enforcement of an agreement to convey lands. Tbe complainant, tbe Childersburg Land Company, claims to have succeeded to tbe right to have tbe agreement specifically performed. There was a demurrer to tbe bill, assigning grounds, which tbe chancellor overruled, and from tbat ruling tbe present appeal is prosecuted. Tbe demurrer admits tbe truth of every averment tbat is well pleaded. — Flewellen v. Crane, 58 Ala. 627; Street Railway Co. v. Rand, 83 Ala. 294.
Tbe agreement this bill seeks to enforce is alleged to have been entered into May 21, 1887.…
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