Peck v. Ashurst
Supreme Court of Alabama
Appeal from Montgomery Chancery Court. Heard before Hon. Jebe N. Williams. ■ The bill was filed by James V. Ashurst, the appellee, to enforce the specific performance of a written contract for the sale of land.
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Appeal from Montgomery Chancery Court. Heard before Hon. Jebe N. Williams. ■ The bill was filed by James V. Ashurst, the appellee, to enforce the specific performance of a written contract for the sale of land. Prom it, it appears, that A. B. Peck, under an arrangement with Charles F. Asjhurst, purchased from W. T. Burney a plantation containing 793 acres of land, lying and being in Tallapoosa county, Ala., known as the Burney place, and described in a deed from Burney and wife to said A. B. Peck. The contract, signed by said Peck, contains the following agreement: “It is agreed that when…
1Opinion of the CourtHaralson, J.
When this case was here on a former appeal (101 Ala. 499), its equity, as for any objections then interposed to it by demurrer, was sustained. One ground of demurrer there was, that the bill failed to describe the notes alleged to have been executed for the purchase money, or to show when the same were due, and it was insisted, that the bill, on that account, did not set out, with sufficient certainty, the terms of the contract of purchase, in that it failed to show when the *436purchase money to be paid by Ashurst; was payable. It averred, that complainant did not know whether either of said…
2Cases cited3 opinions
- Ashurst v. PeckSupreme Court of Alabama · 1893
- Gilmer v. WallaceSupreme Court of Alabama · 1883
- Wimbish v. Montgomery Mutual Building & Loan Ass'nSupreme Court of Alabama · 1881
3Cited by14 opinions
- Hawkins v. StuddardSupreme Court of Georgia · 1909
- McQueen v. WhetstoneSupreme Court of Alabama · 1900
- Gainer v. JonesSupreme Court of Alabama · 1912
- Alabama Great Southern Railway Co. v. McFarlinSupreme Court of Alabama · 1911
- Davis v. WilliamsSupreme Court of Alabama · 1898
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