Kant v. Atlanta, Birmingham & Atlantic R. R.
Supreme Court of Alabama
Appeal from Talladega City Court.. Heard before Hon. Cecil Browne. Bill by W. B. Kant against the Atlanta, Birmingham & Atlantic Railroad Company to annul a deed or to reform the description thereof. Decree for respondent, and complainant appeals.
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Appeal from Talladega City Court.. Heard before Hon. Cecil Browne. Bill by W. B. Kant against the Atlanta, Birmingham & Atlantic Railroad Company to annul a deed or to reform the description thereof. Decree for respondent, and complainant appeals. The bill alleges the conveyance by Kant and wife to the Atlanta, Birmingham & Atlantic Railroad Company of 2.6 acres of land, the deed to which is recorded in the probate office of Talladega county, a substantial copy of which is set out. It is then alleged that the description of said deed is wrong, and that the description should be as set out in…
1Opinion of the CourtAnderson, C. J.
While the hill of complaint in the case at bar seeks inconsistent, alternative relief, it was not multifarious under the statute (section 3095 of the Code of 1907), and was not subject to respondent’s demurrer upon this ground. The relief sought was founded upon the same contract or transaction and related to the same property between the same parties.—Durr v. Hanover Bank, 170 Ala. 260, 53 South. 1012; Skains v. Barnes, 168 Ala. 426, 53 South. 268; Bellevue Cem. Co. v. McEvers, 168 Ala. 535, 53 South. 272.
A mistake or misunderstanding of one party to a transaction, sometimes styled a…
2Cases cited6 opinions
- Chicago, Texas & Mexican Central Railway Co. v. TitteringtonTexas Supreme Court · 1892
- Bellevue Cemetery Co. v. McEversSupreme Court of Alabama · 1910
- Folmar v. Lehman-Durr Co.Supreme Court of Alabama · 1906
- Durr v. Hanover National BankSupreme Court of Alabama · 1910
- Johnson v. CookSupreme Court of Alabama · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Gill v. MoreSupreme Court of Alabama · 1917
- American Liberty Ins. Co. of Birmingham v. LeonardSupreme Court of Alabama · 1959
- Strickland v. StricklandSupreme Court of Alabama · 1921
- O'Rear v. O'RearSupreme Court of Alabama · 1929
- Original Church of God, Inc. v. PerkinsSupreme Court of Alabama · 1974
10 more not listed; retrieve them via the Exa API.