Bryan v. Hendrix
Supreme Court of Alabama
Appeal from the Chancery Court of Barbour. Heard before the Hon. B. B. McCbaw. The bill was filed by the appellee, B. N. Hendrix, to enjoin an ejectment suit of the appellant, W. H. P. Bryan, and to reform a deed of conveyance executed by appellant to one E. T. Sherman — the land for which said deed was given being afterwards conveyed by Sherman to the appellee.
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Appeal from the Chancery Court of Barbour. Heard before the Hon. B. B. McCbaw. The bill was filed by the appellee, B. N. Hendrix, to enjoin an ejectment suit of the appellant, W. H. P. Bryan, and to reform a deed of conveyance executed by appellant to one E. T. Sherman — the land for which said deed was given being afterwards conveyed by Sherman to the appellee. The appellant answered the bill, admitting that the deed contained wrong numbers of land, which numbers were inserted through mistake, and were different from those intended to describe the land conveyed ; but, at the same time, the…
1Opinion of the CourtStone, J.
The bill in the present record alleges that in the deed of appellant to Sherman, dated March 2, 1864, a mistake was made in the description of the land conveyed; and the main object of the original bill was to reform the deed. The mistake is fully and satisfactorily proved, and we think this case must be treated, in the further consideration of it, as if the deed had been originally framed and executed, so as to convey the lands by their right numbers. 1 Brick. Dig. 685, § 664. In fact, we understand it to be conceded that the mistake charged in the bill was made in the draught of the deed.
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2Cases cited6 opinions
- Morrow v. Turney's Adm'rSupreme Court of Alabama · 1859
- Chapman v. HamiltonSupreme Court of Alabama · 1851
- Lanier v. HillSupreme Court of Alabama · 1854
- David v. DavidSupreme Court of Alabama · 1855
- Gilchrist v. GilmerSupreme Court of Alabama · 1846
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Moon's Adm'r v. CrowderSupreme Court of Alabama · 1882
- Nooe's v. Garner's Adm'rSupreme Court of Alabama · 1881
- Eureka Co. v. EdwardsSupreme Court of Alabama · 1881
- Derrick v. BrownSupreme Court of Alabama · 1880
- Donegan v. DavisSupreme Court of Alabama · 1880
4 more not listed; retrieve them via the Exa API.