Orr, Scroggins & Hume v. Echols
Supreme Court of Alabama
Appeal from Madison Chancery Court. Tried before Hon. Wax. H. Simpson. The bill in this case was filed by the appellants, Orr, Scroggins & Hume, on the 8th December, 1893, against the appellees, Echols et al.j its object being to have set aside two certain deeds made by defendant, A. Ewing Echols, to his Avife and co-defendant, Daisy Echols, made, the one, on the 1st, and the other on the 10th June, 1893. The bill alleges that the firm of Echols & Sheffey, of AAdiich…
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Appeal from Madison Chancery Court. Tried before Hon. Wax. H. Simpson. The bill in this case was filed by the appellants, Orr, Scroggins & Hume, on the 8th December, 1893, against the appellees, Echols et al.j its object being to have set aside two certain deeds made by defendant, A. Ewing Echols, to his Avife and co-defendant, Daisy Echols, made, the one, on the 1st, and the other on the 10th June, 1893. The bill alleges that the firm of Echols & Sheffey, of AAdiich defendant, A. Ewing Echols, was a member, and for the debts of which he was indiAddually liable, Avas indebted to complainants…
1Opinion of the CourtHaralson, J.
(After stating the case as above.) We find nothing to disapprove on the overruling of the demuiTer in this case. The intention and agreement of the parties in the deeds sought to be reformed; the consideration proposed to be stricken and the one to be inserted, and that the mistake Avas mutual, all plainly enough appear; and as to AArhether it was such a mistake in a Avritten instrument as a court of equity Avill reform, will also appear in AArhat folloAvs.
The rules for the reformation of a AATiting on account of a mistake have been stated to be, “that AA’hen the instrument speaks the true…
2Cases cited7 opinions
- Larkins v. BiddleSupreme Court of Alabama · 1852
- Stone v. HaleSupreme Court of Alabama · 1850
- Hemphill v. MoodySupreme Court of Alabama · 1879
- Early & Lane v. OwensSupreme Court of Alabama · 1880
- Moore v. TateSupreme Court of Alabama · 1896
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3Cited by12 opinions
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