Smith v. Allen
Supreme Court of Alabama
Appeal from the Chancery Court of Franklin. Heard before the Hon. Thomas Cobbs. The bill in this case was filed by the appellant, Wm. L. Smith, against the appellee, Russell Allen, and prayed to have reformed and corrected a deed to certain lands, which the complainant had exocuted to the defendant in exchange for other certain lands. The complainant exchanged, by mutual conveyances, certain lands with the respondent. His deed thereto contained warranties of title.
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Appeal from the Chancery Court of Franklin. Heard before the Hon. Thomas Cobbs. The bill in this case was filed by the appellant, Wm. L. Smith, against the appellee, Russell Allen, and prayed to have reformed and corrected a deed to certain lands, which the complainant had exocuted to the defendant in exchange for other certain lands. The complainant exchanged, by mutual conveyances, certain lands with the respondent. His deed thereto contained warranties of title. After the exchange of said lands the said Allen instituted a suit in the circuit court for damages against the said Smith,…
1Opinion of the CourtColeman, J.
The bill was filed to reform a deed of conveyan.ce of land executed by appellant, Smith, to the respondent, Allen. The entire land was conveyed in fee, with covenants of warranty. The bill avers that as to sixty acres of the land sold and conveyed, the understanding and agreement of the parties was, that complainant “was only to convey the surface of” the sixty acres ‘ ‘ and that said minerals and other rights were put in said conveyance or not excepted therefrom through inadvertence or mistake,” and that respondent “knew that complainant did not own said minerals,” “and he did not agree to…
2Cases cited4 opinions
- Turner v. KellySupreme Court of Alabama · 1881
- Campbell v. HatchettSupreme Court of Alabama · 1876
- Hinton v. Citizens' Mutual InsuranceSupreme Court of Alabama · 1879
- Tyson v. ChestnutSupreme Court of Alabama · 1892
3Cited by5 opinions
- Hertzler v. StevensSupreme Court of Alabama · 1898
- Keith v. WoodruffSupreme Court of Alabama · 1902
- McGregor v. McGregorSupreme Court of Alabama · 1950
- Harper v. Kansas City Life Ins. Co.Supreme Court of Alabama · 1940
- Miller v. MorrisSupreme Court of Alabama · 1898