Legal Opinion

Irwin v. Bailey

Supreme Court of Alabama

Decided December 15, 1882PublishedCited by 21 opinions

Appeal from the Chancery Court of Madison. Heard before the Hon. H. C. Speaks, as special referee under the statue approved February 23d, 1881. — Session Acts 1880-81, p. 66. The bill in this case was filed on the 10th January, 1878, by Samuel A. Bailey, against William C. Irwin; and sought the specific performance of a written contract or agreement signed by the defendant, which was in these words: “ Know all men by these presents, that I, William C. Irwin, of Madison…

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Appeal from the Chancery Court of Madison. Heard before the Hon. H. C. Speaks, as special referee under the statue approved February 23d, 1881. — Session Acts 1880-81, p. 66. The bill in this case was filed on the 10th January, 1878, by Samuel A. Bailey, against William C. Irwin; and sought the specific performance of a written contract or agreement signed by the defendant, which was in these words: “ Know all men by these presents, that I, William C. Irwin, of Madison county, State of Alabama, in consideration of having gave to my late daughter, Mary Bailey, certain monies, part of which she…

1Opinion of the CourtBrickell, C. J.

This is a bill for the specific performance of a contract, by which the appellant bound himself (to follow the words of the contract), “ in consideration of Raving gave to my late daughter, Mary Bailey, certain moneys, part of which she returned to me, at or shortly after the time I purchased the farm on which I now reside,” to convey to the ap-pellee, the husband of said Mary, certain lands, and agreed to give him “ one-half my live stock and farm implements, reserving the mower, rake,'huller, two-horse wagon and cart,” upon the following conditions as expressed in the writing: “ he, the…

2Cases cited9 opinions

  1. Aday v. EcholsSupreme Court of Alabama · 1850
  2. Drake v. GloverSupreme Court of Alabama · 1857
  3. Gillespie's Adm'r v. BurlesonSupreme Court of Alabama · 1856
  4. Williams v. MaullSupreme Court of Alabama · 1852
  5. Jennings v. Blocker's Adm'rSupreme Court of Alabama · 1854

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3Cited by21 opinions

  1. Formby v. WilliamsSupreme Court of Alabama · 1919
  2. Homan v. StewartSupreme Court of Alabama · 1893
  3. Bolman v. LohmanSupreme Court of Alabama · 1883
  4. Irvin v. IrvinSupreme Court of Alabama · 1922
  5. McBryde v. SayreSupreme Court of Alabama · 1888

16 more not listed; retrieve them via the Exa API.

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