Dozier v. Mitchell
Supreme Court of Alabama
Appeal from the Chancery Court at Montgomery. Heard before the Hon. H. Austill. The original bill in this case was filed on the 25th March, 1876, by Andrew J. Dozier, against Thweat E. Mitchell, Lehman, Durr <& Co., and others; and sought principally tbe correction of a mistake in the description of a tract of land, as contained in a mortgage executed by said Thweat E. Mitchell to Lehman, Durr & Co., under whom tbe complainant claimed the land, and an injunction of an action…
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Appeal from the Chancery Court at Montgomery. Heard before the Hon. H. Austill. The original bill in this case was filed on the 25th March, 1876, by Andrew J. Dozier, against Thweat E. Mitchell, Lehman, Durr <& Co., and others; and sought principally tbe correction of a mistake in the description of a tract of land, as contained in a mortgage executed by said Thweat E. Mitchell to Lehman, Durr & Co., under whom tbe complainant claimed the land, and an injunction of an action at law brought against bim by said Mitchell and others for tbe land. The mortgage of said Mitchell to Lehman, Durr &…
1Opinion of the Court
SOMEEV1LLE, J.
— It is settled law, that where the proof of mistake is clear and satisfactory, as to a misdescription of land conveyed by deed or mortgage, equity will reform the instrument, so as to correct the mistake, where it can be done without injury to an innocent purchaser without notice. — Mills v. Lockwood, 42 Ill. 111.
Tested by the principle established in Uhlfelder v. Carter’s Adm’r, at the last term (64 Ala. 527), the mortgage given by Mitchell to Lehman, Durr & Co., was not usurious, and the chancellor erred in ordering the register to exclude from the account to be taken by him…
2Cases cited10 opinions
- Bell v. Mayor of New-YorkNew York Court of Chancery · 1843
- Uhlfelder & Co. v. Carter's Adm'rSupreme Court of Alabama · 1879
- Dudley v. WitterSupreme Court of Alabama · 1871
- Ormond v. MartinSupreme Court of Alabama · 1861
- Matthews v. . CoeNew York Court of Appeals · 1877
5 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Adams v. SayreSupreme Court of Alabama · 1884
- Gresham v. WareSupreme Court of Alabama · 1885
- Butts v. BroughtonSupreme Court of Alabama · 1882
- Foreman v. NeedlesSupreme Court of Oklahoma · 1920
- Ezzell v. WatsonSupreme Court of Alabama · 1887
29 more not listed; retrieve them via the Exa API.