TaiLexi AI U.S. Case Law

Downs v. Downs

Downs v. Downs.

Downs v. Downs, 60 So. 2d 686 (Ala. 1952)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Supreme Court of Alabama · State Highest Courts
Decided
October 9, 1952
Docket
No. 6 Div. 329
Judges
Foster, Goodwyn, Livingston, Simpson
Citations
60 So. 2d 686257 Ala. 6431952 Ala. LEXIS 309

Opinion of the Court — Simpson

Text extracted by OCR from a scanned original; check the original for exact wording.

SIMPSON, Justice.

This is a suit in equity by appellant for specific performance of an oral agreement to execute a mortgage or to declare and establish an equitable lien on personal property. The question of the sufficiency of the bill is not raised on this appeal. On a final hearing the trial court denied relief and dismissed the bill. The decree must be affirmed.

The evidence was substantial that whatever debt was owing the plaintiff by the defendant had been paid. While this was, of course, controverted by the plaintiff, the trial court concluded against her contention. So under the favorable presumption attending such a ruling on testimony heard ore tenus before the trial judge, this court will not reverse. Rodgers v. Thornton, 254 Ala. 66 , 46 So.2d 809 .

It is also to> be pointed out that the agreement contended for by the bill was unenforceable under the statute of frauds. An oral agreement to execute a written mortgage is unenforceable in equity either by way of specific performance or as an equitable mortgage. Palmer v. James, 210 Ala. 641 , 99 So. 109 ; Williams v. Davis, 154 Ala. 422 , 45 So. 908 ; Code 1940, Title 20, § 2.

Affirmed.

LIVINGSTON, C. J., and FOSTER and GOODWYN, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1959: 11960: 11972: 11981: 119592026peak 1959 · 1

Relies on it most ⓘ

  1. Quinlivan v. Quinlivan114 So. 2d 838 (Ala. 1959)
  2. Louisville & Nashville Railroad Co. v. Solchenberger120 So. 2d 704 (Ala. 1960)
  3. Davis v. Robinson261 So. 2d 393 (Ala. 1972)
  4. Moore v. Culpepper397 So. 2d 108 (Ala. 1981) · Dissent

Most recent

  1. Moore v. Culpepper397 So. 2d 108 (Ala. 1981) · Dissent
  2. Davis v. Robinson261 So. 2d 393 (Ala. 1972)
  3. Louisville & Nashville Railroad Co. v. Solchenberger120 So. 2d 704 (Ala. 1960)
  4. Quinlivan v. Quinlivan114 So. 2d 838 (Ala. 1959)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Rodgers v. Thornton, 46 So. 2d 809 (Ala. 1950) 29
Williams v. Davis, 45 So. 908 (Ala. 1908) 7
Palmer v. James, 99 So. 109 (Ala. 1924) 2

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list