Parker v. Parker
Supreme Court of Alabama
Appeal from the City Court of Birmingham, in equity. Heard before the Hon. H. A. Sharpe. The bill in this ease was filed on the 9th July, 1887, by John D. Parker, against Martin Parker and his wife, Mrs. Elizabeth Parker; and sought the reformation of a conveyance of a tract of land, executed by the defendants to the complainant, on the ground that the land intended to be conveyed was not correctly described in the deed.
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Appeal from the City Court of Birmingham, in equity. Heard before the Hon. H. A. Sharpe. The bill in this ease was filed on the 9th July, 1887, by John D. Parker, against Martin Parker and his wife, Mrs. Elizabeth Parker; and sought the reformation of a conveyance of a tract of land, executed by the defendants to the complainant, on the ground that the land intended to be conveyed was not correctly described in the deed. The conveyance, a copy of which was made an exhibit to the bill, was dated October 19th, 1886, signed by both of the defendants, by mark attested by witnesses, and duly…
1Opinion of the CourtMcCLELLAN, J.
The misdescription in the ' deed of Martin and Elizabeth Parker to John D. Parker, to correct which this bill Is filed, is substantially admitted, and, moreover, clearly proved. The land which was intended to be conveyed, and which the deed as corrected by the decree below does convey, was held as tenants in common by the grantors, who were husband and wife, and constituted a part of their homestead. The resistance to the reformation prayed for is predicated chiefly, if not entirely, on the homestead character and common ownership of the property, in connection with the fact that, at the time…
2Cases cited2 opinions
- Gardner v. MooreSupreme Court of Alabama · 1883
- Connor v. ArmstrongSupreme Court of Alabama · 1888
3Cited by4 opinions
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