Gralapp v. Hill
Supreme Court of Alabama
Appeal from Circuit Court, Mobile County; Joél W. Goldsby, Judge. Bill by W. A. Gralapp, grantof, against Annie Hill, grantee, to correct description in a deed. From a decree denying relief, complainant appeals.
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Appeal from Circuit Court, Mobile County; Joél W. Goldsby, Judge. Bill by W. A. Gralapp, grantof, against Annie Hill, grantee, to correct description in a deed. From a decree denying relief, complainant appeals. The court erred in the decree rendered. 2 Pom. 675; 138 Ala. 505, 35 South. 465; 164 Ala. 648, 51 South. 330; 162 Ala. 475, 50 South. 116; 123 Ala. 168, 27 South. 401; 112 Ala. 687. The court cannot make a new contract, as is attempted in this case. 174 Ala. 337, 56 South. 573; 70 Ala. 85; 36 Pa. 38, 78 Am. Dec. 359; 189 Ala. 48, 66 South. 598; 34 Cye. 919. Appellant’s negligence…
1Opinion of the CourtSomerville, J.
The evidence is clear and convincing that the parties to the deed mutually intended and agreed that there should be excepted from the tract conveyed by complainant to respondent a lot in the southeast corner of the tract of sufficient width and depth to include complainant’s storehouse and a small space to the west and north of the building, without reference to the number of feet required for that purpose. By reason of a mutual misconception as to the proper point of beginning, the excepted tract was described as running west 120 feet from a point 55 feet west of the center of the track of…
2Cases cited7 opinions
- Greil Bros. Co. v. McLainSupreme Court of Alabama · 1916
- Kinney v. EnsmingerSupreme Court of Alabama · 1888
- Davis, Moody Co. v. Betz & CullmanSupreme Court of Alabama · 1880
- Williams v. Mitchell's Adm'rSupreme Court of Alabama · 1857
- Greil v. TillisSupreme Court of Alabama · 1910
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- American-Traders' Nat. Bank v. HendersonSupreme Court of Alabama · 1931
- Snodgrass v. SnodgrassSupreme Court of Alabama · 1924
- Parra v. CooperSupreme Court of Alabama · 1925
- Clipper v. GordonSupreme Court of Alabama · 1950
- McKleroy v. DishmanSupreme Court of Alabama · 1932
8 more not listed; retrieve them via the Exa API.