Peacock v. Bethea
Supreme Court of Alabama
Appeal from Marengo Chancery Court. Heard before Hon. Thomas H. Smith. Action by Bessie L. Peacock and others against Laura C. Beathea and others. From an order sustaining a demurrer to the hill of complaint, plaintiffs appeal. This was a hill filed by Bessie L. Peacock and others against Laura C. Bethea and others, seeking to have a deed corrected, and- that; certain lands therein described be excluded from the operation of said deed.
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Appeal from Marengo Chancery Court. Heard before Hon. Thomas H. Smith. Action by Bessie L. Peacock and others against Laura C. Beathea and others. From an order sustaining a demurrer to the hill of complaint, plaintiffs appeal. This was a hill filed by Bessie L. Peacock and others against Laura C. Bethea and others, seeking to have a deed corrected, and- that; certain lands therein described be excluded from the operation of said deed. The bill avers that Mrs. Bethea has' brought an ejectment suit in the circiut court of Marengo county, seeking to recover of complainants the lands alleged in…
1Opinion of the CourtDowdell, J.
The purpose of the bill in this case is to correct a mutual hiistake of the parties to the deed in the conveyance of land, and accordingly to reform the deed. To this end, upon timely application, the jurisdiction of a court of equity is beyond question. — Houston v. Faul, 86 Ala. 232, 5 South. 433, and authorities there cited.
In the present bill it is shown that all necessary parties were joined, either as defendants or complainants.
The facts averred in the bill dispensed with any necessity for a prior demand on the respondent for the correction of the alleged mistake and reformation of the…
2Cases cited3 opinions
- Houston v. FaulSupreme Court of Alabama · 1888
- Weathers v. HillSupreme Court of Alabama · 1890
- Harris v. IveySupreme Court of Alabama · 1896
3Cited by7 opinions
- Parra v. CooperSupreme Court of Alabama · 1925
- Lindenberger v. RowlandCourt of Appeals of Kentucky · 1914
- Beason v. DukeSupreme Court of Alabama · 1945
- Hulsey v. FolsomSupreme Court of Alabama · 1970
- Henderson v. ElliottSupreme Court of Alabama · 1963
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