Southworth v. Brownlow
Southworth v. Brownlow
Opinion of the Court
delivered the opinion of the court.
The proof clearly shows that appellees have been in open, notorious, and uninterrupted possession of the land since the attempted sale of it to them by W. Berry Prince, the ancestor of appellant, in 1880. Since the 1st of November, 1880, when
We reverse and vacate so much of the decree as decrees specific performance, but the substantial part of the decree, which declares the appellees to be the owners of the lands involved, and perpetuates the injunction, is affirmed.
So ordered.
Reference
- Full Case Name
- Shell Southworth v. Aaron Brownlow
- Cited By
- 1 case
- Status
- Published
- Syllabus
- 1. Married Women. Coverture. Emancipation. Code 1871, Code 1871, § 2323, providing that no act of the husband should affect the wife’s interest m land, ceased to be operative when married women were wholly emancipated from all disability on account of coverture. Code 1880, § 1167; Constitution 1890, sec. 94; Code 1892, § 2289. 2. Estates or Decedents. Contract for sale of land. Spedficperformance. Where the administrator of a decedent who contracted to convey lands is not a party to the suit, and complainant admits that the decedent was without title, specific performance of the contract should not be decreed.