Trapp v. Moore
Supreme Court of Alabama
ERROR to tbe Chancery Court of Greene. Heard before tbe Hon. W. W. MASON. Tbe bill in this case was filed by tbe defendants in error, to reform a certain deed executed by William S. Hill, one of tbe plaintiffs in error, to Border and Moore, to secure certain of tbe grantor’s debts. Tbe facts upon wbicb tbe reformation of tbe deed is sought, appear in tbe opinion.
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ERROR to tbe Chancery Court of Greene. Heard before tbe Hon. W. W. MASON. Tbe bill in this case was filed by tbe defendants in error, to reform a certain deed executed by William S. Hill, one of tbe plaintiffs in error, to Border and Moore, to secure certain of tbe grantor’s debts. Tbe facts upon wbicb tbe reformation of tbe deed is sought, appear in tbe opinion. Tbe bill does not seek to reform the contract as it is set out in tbe deed, on account of fraud, accident or mistake in drafting tbe instrument, wbicb are tbe cases in wbicb courts of chancery will relieve against written…
1Opinion of the Court
CHILTON, O. J.
— This was a bill filed byr the defendants in error, to reform a deed made by Hill, one of the plaintiffs in error, to them, conveying ceitain property in trust for the payment of various demands against Hill, and on most of which Moore was security. The parties to the deed, after setting forth various demands, and stating how they were secured, proceed as follows: “And whereas, the said Hill is justly indebted in several small notes, amounting to about five hundred and fifty dollars, which notes now are, or were, in the possession of Charles Wheeler, on which notes William H.…
2Cases cited2 opinions
- Larkins v. BiddleSupreme Court of Alabama · 1852
- Lowther v. ChappellSupreme Court of Alabama · 1845
3Cited by14 opinions
- Hemphill v. MoodySupreme Court of Alabama · 1879
- West End Sav. Bank v. GoodwinSupreme Court of Alabama · 1931
- Parra v. CooperSupreme Court of Alabama · 1925
- Clipper v. GordonSupreme Court of Alabama · 1950
- Moore v. TateSupreme Court of Alabama · 1896
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