Page v. Whatley
Supreme Court of Alabama
Appeal from Houston Chancery Court. Heard before Hon. W. L. Parks. Bill by T. J. Whatley against Monroe Page to reform the description in a deed. Decree for complainant and respondent appeals.
Read the full summary
Appeal from Houston Chancery Court. Heard before Hon. W. L. Parks. Bill by T. J. Whatley against Monroe Page to reform the description in a deed. Decree for complainant and respondent appeals. Presumption always is that a written instrument expresses the true intent of the parties, and one desiring relief must furnish clear and satisfactory evidence in order to reform a written instrument. — Hough v. Smith, 132 Ala. 204; Kilgore v. Redmill, 121 Ala. 485; 24 A. & E. Ency. of Law, 650. Until the mistake is made to appear beyond reasonable controversy, the writing must remain the sole expositor…
1Opinion of the CourtMayfield, J.
This is an appeal from a decree in the chancery court of Houston county, reforming a deed made by appellee to appellant, on the ground of mistake.
Equity grants reformation of deeds only when error certainly appears, and never upon a mere probability or a mere preponderance of evidence. — Hough v. Smith, 132 Ala. 204, 31 South. 500; Kilgore v. Redmill, 121 Ala. 485, 25 South. 766; Dexter v. Ohlander, 95 Ala. 467, 10 South. 527. A complaint to reform a deed because of mistake must allege a mistake and prove it by clear, exact, and satisfactory evidence. We have carefully examined the evidence…
2Cases cited3 opinions
- Dexter v. OhlanderSupreme Court of Alabama · 1891
- Kilgore v. RedmillSupreme Court of Alabama · 1898
- Hough v. SmithSupreme Court of Alabama · 1902
3Cited by12 opinions
- Hartford Fire Ins. Co. v. ClarkSupreme Court of Alabama · 1952
- Parra v. CooperSupreme Court of Alabama · 1925
- Skidmore v. StewartSupreme Court of Alabama · 1917
- Blalock v. JohnsonSupreme Court of Alabama · 1951
- Hataway v. CarnleySupreme Court of Alabama · 1916
7 more not listed; retrieve them via the Exa API.