67 So. 255 | Ala. | 1914
Bill by appellee against appellant to enforce specific performance of a parol contract for sale of 40 acres of land therein described. It is alleged that plaintiff was put in possession, and has paid part of the purchase money.
“We do not understand that the statutory exception contemplates or requires a payment of purchase money contemporaneous with the letting into possession.”— L. & N. R. R. Co. v. Philyaw, 94 Ala. 465, 10 South. 84.
That respondent (appellant here) placed the complainant in possession of the land, and which possession has continued, is practically without dispute. The suit is.by the son against the mother. Complainant insists, that respondent first offered to give him the land, which was wholly unimproved, and afterwards wrote him a letter stating she would sell it to him for $25, which Avas agreed to; that he paid $15, and tendered the balance, which was refused, and paid into court. The insistence of respondent is that she merely offered to let him have the place to live on as a home, and that she made no sale nor offer to sell, and that no purchase money has been paid.
The case presents no question of law of general interest, and is largely a question of fact. A discussion of the evidence would be unprofitable, and, in view of the relationship existing between the parties, also unpleasant. We are mindful of the degree of proof and strictness required in cases of this character. — Allen v. Young, 88 Ala. 338, 6 South. 747.
' After a most careful consideration of the evidence in this case, .the conclusion is reached that the complainant had sufficiently made out his case to entitle him to the relief he seeks. This was the view that prevailed in the court below.
The decree of the chancery court is affirmed.
Affirmed.