Henderson v. Wilson
Supreme Court of Alabama
Appeal from. Circuit Court, Coffee County; A. B. Foster,'Judge. Bill by J. E. Henderson against W. J. Wilson and others for partition of certain real estate, with cross-bill by respondent for reformation of mortgage as to land conveyed.
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Appeal from. Circuit Court, Coffee County; A. B. Foster,'Judge. Bill by J. E. Henderson against W. J. Wilson and others for partition of certain real estate, with cross-bill by respondent for reformation of mortgage as to land conveyed. The chancellor decreed all the interest held by Laura Young individually and in her representative capacity be- divested out of her and invested in complainant, and further decreed a reformation of the mortgage and restraining the enforcement of the judgment as to all but 40 acres of land. From this decree complainant appealed. On the evidence the court erred…
1Opinion of the CourtMcCLELLAN, J.
[1] The report of the former appeal of this cause will be found in 75 South. 935. 1 Following the remandment on that occasion, the pleading was so reformed as to present the issues litigable between the parties. These issues arose out of the averments of the respondents’ amended cross-bill and of the original complainant’s (appellant’s) amended answer thereto. Previous adjudications and the evidence, as well, conclude against the cross-complainants’ contentions that the mortgage in question was not executed by the cross-complainants, and also that the instrument was altered. Wilson v.…
2Cases cited6 opinions
- Sloan v. FrothinghamSupreme Court of Alabama · 1882
- Wilson v. HendersonSupreme Court of Alabama · 1917
- Maple v. KussartSupreme Court of Pennsylvania · 1867
- Wilson v. KirklandSupreme Court of Alabama · 1911
- Brewer v. NashSupreme Court of Rhode Island · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Federal Land Bank of New Orleans v. WilliamsSupreme Court of Alabama · 1938
- Wilson v. HendersonSupreme Court of Alabama · 1921