Dial v. Gambrel
Supreme Court of Alabama
Appeal from the Chancery Court of Sumter. Heard before the Hon. Thos. IT. Smith. In the case of Dial v. Gambrel in the Chancery Court of Sumter County, the complainant John Dial filed a petition addressed to the Chancellor, which averred the following facts: One Dewitt 'sold to Gambrel the N. 4 of the S. E. 4 of Section 11, Township 18, Itange 4, East, and on March 9, 188(5, executed to said Gambrel a deed in which the lauds were, by mistake, described as the N. 4 of the N.…
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Appeal from the Chancery Court of Sumter. Heard before the Hon. Thos. IT. Smith. In the case of Dial v. Gambrel in the Chancery Court of Sumter County, the complainant John Dial filed a petition addressed to the Chancellor, which averred the following facts: One Dewitt 'sold to Gambrel the N. 4 of the S. E. 4 of Section 11, Township 18, Itange 4, East, and on March 9, 188(5, executed to said Gambrel a deed in which the lauds were, by mistake, described as the N. 4 of the N. E. 4 of Section 11. Gambrel, however, went immediately into possession of the N. 4 of the S. E. 4 of Section 31. On…
1Opinion of the CourtTyson, J.
The decree rendered by this court on the '29th day of October, 1898, reforming the mortgage held by complainant so as to correctly describe the land conveyed by it and ordering its foreclosure as reformed, and further, adjudging that complainant has a lien upon the land and condemning it to be sold for the satisfaction of (he debt secured by the mortgage was a final decree. 'The term of (die court having passed at which that decree was rendered, this court, upon application to it, Mould be without power to alter, vary or annul it except for the mere correction of clerical errors or omissions…
2Cited by6 opinions
- Sims v. RigginsSupreme Court of Alabama · 1917
- Venable v. TurnerSupreme Court of Alabama · 1938
- Stephenson v. HarrisSupreme Court of Alabama · 1901
- Stephenson v. HarrisSupreme Court of Alabama · 1907
- Davenport v. BiddleSupreme Court of Alabama · 1931
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