73 So. 454 | Ala. | 1916
On November 21, 1885, Martha J. Harrison owned and resided upon a tract of land near Alexander City. Joseph P. and C. B. Harrison were two of her children. The former, with his family, lived on the land with his mother. On that date she conveyed her land to her son Joseph in consideration of his promissory note for $500 due one year thereafter. In 1890 he bought from E. B. Rainey a lot adjoining the land conveyed to him by his mother. Joseph Harrison occupied and used these lands until he moved to Texas about the year 1904: In July, 1897, he conveyed to his mother, for a recited consideration of $1, one acre of the land owned by him, on which she constructed a dwelling in which she resided at the time of her death. On January 6, 1909, Joseph sold and conveyed to Dr. Street, a part of the land conveyed to him by his mother. Joseph died in May, 1911, leaving a widow and several children surviving, the appel-lees. Martha J. Harrison died testate in 1913; her son C. B. Harrison and his wife, the appellants, having recently thereto
The relief sought was denied on the facts; the learned chancellor expressing the opinion that the basis necessary to justify a decree effecting specific performance of a parol contract for the conveyance of land were not shown with the requisite certainty.
(1) In order to warrant the character of relief here sought the averments upon which it is predicated must be established “by clear and satisfactory proof. * * * The evidence must be such as to produce a clear conviction of the existence and terms of the contract as alleged.”—Whisenant v. Gordon, 101 Ala. 250, 257, 13 South. 914, 915; Jones v. Jones, 155 Ala. 644, 47 South. 80; Aday v. Echols, 18 Ala. 353, 355, 52 Am. Dec. 225.
(2) The legal evidence bearing on- the issue stated has been carefully considered. This court is not sufficiently satisfied that the agreement alleged to have been made, and in part effected, in 1908, was in fact made. There is evidence to the effect that it was made and acted upon by the
Not being convinced that error affects his judgment on the' .stated issue of fact, the decree must be affirmed.
Affirmed.