Greene v. Dickson
Supreme Court of Alabama
Appeal from Cherokee Chancery Court. Tried before Hon. J. N. Dowdell. The case made by the bill is stated in the opinion. The chancellor sustained demurrers thereto on the following grounds: “1. Nespondents demur to said bill of complaint for that J. N. Farrow who is shown to be the trustee in the alleged deed of trust shown in “Exhibit A.” to complainants’ bill, is a necessary party to this suit and he is not made a party complainant or respondent to said bill of complaint.
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Appeal from Cherokee Chancery Court. Tried before Hon. J. N. Dowdell. The case made by the bill is stated in the opinion. The chancellor sustained demurrers thereto on the following grounds: “1. Nespondents demur to said bill of complaint for that J. N. Farrow who is shown to be the trustee in the alleged deed of trust shown in “Exhibit A.” to complainants’ bill, is a necessary party to this suit and he is not made a party complainant or respondent to said bill of complaint. “2. Said, bill shows on its face that the complainant is not entitled to the relief therein sought as to the lands in…
1Opinion of the CourtColeman, J.
The appellant filed the present bill, for the purpose of having a description of lands as made in a deed of trust, reformed and corrected and to enjoin the prosecution of a suit in ejectment, instituted by respondents to recover the possession of the lands from complainant. Courts of equity alone have jurisdiction to reform written instruments, and will always gránt relief upon a proper bill, supported by sufficent proof. *348Even though, the defect in a deed is of such a character, that it may be aided by parol and thereby made available in defense to a suit at law7, this fact does not take…
2Cases cited5 opinions
- Chambers v. RingstaffSupreme Court of Alabama · 1881
- Meyer Bros. v. MitchellSupreme Court of Alabama · 1883
- O'Neal v. SeixasSupreme Court of Alabama · 1887
- Homan v. StewartSupreme Court of Alabama · 1893
- Webb v. Elyton Land Co.Supreme Court of Alabama · 1894
3Cited by13 opinions
- Minge v. GreenSupreme Court of Alabama · 1912
- Karter v. EastSupreme Court of Alabama · 1929
- Nolen v. HenrySupreme Court of Alabama · 1914
- Stephenson v. HarrisSupreme Court of Alabama · 1901
- City of Oneonta v. SawyerSupreme Court of Alabama · 1943
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