Legal Opinion

Larkins v. Biddle

Supreme Court of Alabama

Decided June 15, 1852PublishedCited by 43 opinions

ERROR to the Chancery Court of Lowndes. Tried before the Hon. J. W. LbsesNE. The complainant, Eliza Larkins, filed her original bill to reform a deed of gift, which was executed and drawn by her father, James Maul, on the ground that it was his intention to settle certain slaves, specified in said deed, to her sole and separate use, free from the debts of her husband, which intention was not expressed in the deed, in consequence of the ignorance and want of skill in the…

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ERROR to the Chancery Court of Lowndes. Tried before the Hon. J. W. LbsesNE. The complainant, Eliza Larkins, filed her original bill to reform a deed of gift, which was executed and drawn by her father, James Maul, on the ground that it was his intention to settle certain slaves, specified in said deed, to her sole and separate use, free from the debts of her husband, which intention was not expressed in the deed, in consequence of the ignorance and want of skill in the draftsman. Certain judgment creditors of the husband of the complainant, who were about to levy their executions on said…

1Opinion of the CourtGoldthwaite, J.

— The objections to the original bill, for want of equity and multifariousness, cannot prevail. The object of the bill is, the reformation of a deed of gift, drawn by the grantor himself, but which, from his ignorance of the law, was so unskillfully drawn as not to express his intention. The general rule is, that mistakes of law cannot be relieved in equity, and while the policy and correctness of the rule are conceded, there is frequently found some difficulty in its application. There can, we apprehend, be no doubt, that where the instrument speaks the true agreement between the parties,…

2Cases cited4 opinions

  1. Hunt v. RhodesSupreme Court of the United States · 1828
  2. Stone v. HaleSupreme Court of Alabama · 1850
  3. Clopton v. MartinSupreme Court of Alabama · 1847
  4. Yarborough v. HoodSupreme Court of Alabama · 1848

3Cited by43 opinions

  1. Crislip v. CainWest Virginia Supreme Court · 1882
  2. Benson v. MarkoeSupreme Court of Minnesota · 1887
  3. Truss v. MillerSupreme Court of Alabama · 1897
  4. Randle v. BoydSupreme Court of Alabama · 1882
  5. Bolman v. LohmanSupreme Court of Alabama · 1883

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