Heflin v. Milton
Supreme Court of Alabama
Appeal from Dale Chancery Court. Heard before Hon. John A. Foster. The bill in this case was filed by William Milton against •James R. Heflin and Jacob Snell, and sought the enforcement of a vendor’s lien on a tract of land which was sold by the appellee and Heflin to Snell, for the payment of the purchase-money.
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Appeal from Dale Chancery Court. Heard before Hon. John A. Foster. The bill in this case was filed by William Milton against •James R. Heflin and Jacob Snell, and sought the enforcement of a vendor’s lien on a tract of land which was sold by the appellee and Heflin to Snell, for the payment of the purchase-money. The material facts disclosed by the record are substantially as follows: On the 8th January, 1878, and pending litigation between the appellee and Heflin as to the title to the land in controversy, both claiming to be the owners thereof, they entered into a written contract with…
1Opinion of the CourtBrigkell, C. J.
The contract is not, as is argued by the-counsel for the appellants, within the influence of the first, clause of the statute of frauds, declaring void “ every agreement, which by its terms is not to be performed within one year from the making thereof,” unless such agreement, or some note or memorandum thereof, expressing the consideration, is in writing. The present statute differs in its phraseology from the English statute of 29 Car. 2, and from our statute of 1803. These employed,the same words: “Every agreement which is, not to be performed within the space of one year from the-making…
2Cases cited7 opinions
- Hutton v. WilliamsSupreme Court of Alabama · 1860
- Adams v. M'MillanSupreme Court of Alabama · 1838
- Carter v. ShorterSupreme Court of Alabama · 1876
- Knox v. KingSupreme Court of Alabama · 1860
- Ledbetter v. WalkenSupreme Court of Alabama · 1857
2 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Brigham & Co. v. CarlisleSupreme Court of Alabama · 1884
- Nelson v. Shelby Manufacturing & Improvement Co.Supreme Court of Alabama · 1893
- Iron Age Publishing Co. v. Western Union Telegraph Co.Supreme Court of Alabama · 1887
- Formby v. WilliamsSupreme Court of Alabama · 1919
- Vinyard v. Republic Iron & Steel Co.Supreme Court of Alabama · 1921
32 more not listed; retrieve them via the Exa API.