Thompson v. Marshall
Supreme Court of Alabama
Appeal from tlio Chancery Court of Choctaw. Heard before the Hon. "Wade Keyes. The hill in this case was filed, on the. 29th December, 1857, by Matthew A. Marshall, against John B. Th.ompson and James II. Thompson ; and sought the reformation of a contract between the parties, which is hereinafter set out. It alleged, in substance, that on the 12th June, 1847, James Thompson conveyed by deed certain real and personal property to John B. Thompson and WiHiam II.
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Appeal from tlio Chancery Court of Choctaw. Heard before the Hon. "Wade Keyes. The hill in this case was filed, on the. 29th December, 1857, by Matthew A. Marshall, against John B. Th.ompson and James II. Thompson ; and sought the reformation of a contract between the parties, which is hereinafter set out. It alleged, in substance, that on the 12th June, 1847, James Thompson conveyed by deed certain real and personal property to John B. Thompson and WiHiam II. Thompson, his sons, taking their notes for the purchase-money, with a deed of trust on. the property to secure their payment; that on…
1Opinion of the CourtA. J. Walker, C. J.
We need not inquire, whether, for the want of the attestation of one witness, or an acknowledgment in pursuance of the statute, the conveyance to the appellee is ineffectual to pass the title to the real estate described in it. — Code, §§ 1266-1267. It embraces personalty as well as realty, and its invalidity as to the realty would not impair the right to a reformation of the contract sought by the bill.
[2.] The complainant has not been guilty of such laches as to deprive him of the right to the relief prayed.
[3.] The mistake alleged in the bill is proved by the evidence. It is contended,…
2Cases cited3 opinions
- Abernathy v. BoazmanSupreme Court of Alabama · 1854
- McCall's Admr. v. CapehartSupreme Court of Alabama · 1852
- Harvey v. Doe ex dem. CarlisleSupreme Court of Alabama · 1853
3Cited by12 opinions
- Johnston & Seats v. Smith's Adm'rSupreme Court of Alabama · 1881
- Gilbert-Arnold Land Co. v. O'HareWisconsin Supreme Court · 1896
- Gilman, Son & Co. v. JonesSupreme Court of Alabama · 1888
- Vaughan v. MarableSupreme Court of Alabama · 1879
- Winslett v. RiceSupreme Court of Alabama · 1960
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