Stone v. Hale
Supreme Court of Alabama
Error to the Chancery Court of Wetumpka. Tried before the Hon. Wilie W. Mason. The bill in this case, which was filed by the plaintiff against the defendants in error, alleges that Warren Stone, desiring to secure certain slaves and their increase for the support and maintenance of his daughter, Martha G. Hamilton, then the wife of John M. Hamilton, who was an improvident man, on the 21st of March 1837, employed H. W. Hilliard, Escp, an , attorney at law, to draft a deed to…
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Error to the Chancery Court of Wetumpka. Tried before the Hon. Wilie W. Mason. The bill in this case, which was filed by the plaintiff against the defendants in error, alleges that Warren Stone, desiring to secure certain slaves and their increase for the support and maintenance of his daughter, Martha G. Hamilton, then the wife of John M. Hamilton, who was an improvident man, on the 21st of March 1837, employed H. W. Hilliard, Escp, an , attorney at law, to draft a deed to the complainant for the said slaves, to be by him held in trust for the said Martha G. and her children; that he…
1Opinion of the CourtChilton, J.
Two questions arise in this case: First— Does the bill present such a state of facts as will justify the interference of a court of equity to reform the deed? Second— Whether the bill is filed by the proper party? It is obvious the investigation of the last point will be rendered unnecessary, should we determine that the court .cannot, under the circumstances of the case, entertain jurisdiction of the bill.
1. Mistakes are usually considered by authors,- of two kinds, mistakes of law and mistakes of fact. In respect to the first, mistakes in matter of law, it 'is said they cannot in general be…
2Cases cited5 opinions
- Gillespie v. MoonNew York Court of Chancery · 1817
- McKinley v. IrvineSupreme Court of Alabama · 1848
- O'Neil v. TeagueSupreme Court of Alabama · 1845
- Clopton v. MartinSupreme Court of Alabama · 1847
- Pierce v. BrassfieldSupreme Court of Alabama · 1846
3Cited by38 opinions
- Peterson v. First National Bank of CeylonSupreme Court of Minnesota · 1925
- Larkins v. BiddleSupreme Court of Alabama · 1852
- Wells v. MorrowSupreme Court of Alabama · 1861
- West End Sav. Bank v. GoodwinSupreme Court of Alabama · 1931
- Early & Lane v. OwensSupreme Court of Alabama · 1880
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