Lockhart v. Cameron
Supreme Court of Alabama
Appeal from the Chancery Court of Sumter. Heard before the Hon. Wade Keyes. This bill was filed by Jacob Lockhart and Lucretia, his wife, against the administratrix and certain creditors of George Cameron, deceased, who was the father of Mrs. Lock-hart; asking the reformation of a deed of gift of certain slaves, an account of their hire, an injunction to prevent their sale, the specific delivery of the slaves to complainants, and general relief.
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Appeal from the Chancery Court of Sumter. Heard before the Hon. Wade Keyes. This bill was filed by Jacob Lockhart and Lucretia, his wife, against the administratrix and certain creditors of George Cameron, deceased, who was the father of Mrs. Lock-hart; asking the reformation of a deed of gift of certain slaves, an account of their hire, an injunction to prevent their sale, the specific delivery of the slaves to complainants, and general relief. The deed of gift was executed in South Carolina, in 1824, by Simeon Clay, who was the maternal grandfather of Mrs. Lockhart; and conveyed a negro…
1Opinion of the CourtStone, J.
1. Chancery will reform written instruments “only when there is a plain mistake, clearly made out by sat*362isfactory proofs.”- — 1 Story’s Equity Jur. §§ 155, 157. The .proof, if uncertain, will be held insufficient. — Henkle v. Royal Exchange Assurance Co., 1 Vesey, Sr., 317; 1 Story’s Equity, §§ 136, 153, 155. See, also, cases referred to on brief of appellees. The complainants have failed to prove the alleged mistake, by that “certain, clear, and satisfactory” proof, which will justify us in reforming the deed. ' The bill alleges that it was the intention of the grantor to convey the slave to…
2Cases cited4 opinions
- Dunlap v. ClementsSupreme Court of Alabama · 1851
- Machen v. MachenSupreme Court of Alabama · 1849
- Rumbly v. StaintonSupreme Court of Alabama · 1854
- Crabb's Administrator v. ThomasSupreme Court of Alabama · 1854
3Cited by12 opinions
- McKenney v. MinahanWisconsin Supreme Court · 1903
- Blackwell's Adm'r v. Blackwell's DistributeesSupreme Court of Alabama · 1858
- Alexander v. CaldwellSupreme Court of Alabama · 1876
- Grimball v. PattonSupreme Court of Alabama · 1881
- Pickens v. OliverSupreme Court of Alabama · 1858
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