Dexter v. Ohlander
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before the Hon. John A. Foster The bill in this case was filed by B. P. Dexter against Aug.
Read the full summary
Appeal from the Chancery Court of Montgomery. Heard before the Hon. John A. Foster The bill in this case was filed by B. P. Dexter against Aug. Ohlander, and sought an injunction against a judgment at law which the defendant had recovered against the complainant, and the reformation or cancellation of the written instrument on which said judgment was rendered. ' Said written instrument was dated August 27th, 1887, signed by said Dexter, and in these words : “I have received from Mr. A. Ohlander a relinquishment of his lease with L. Law-all, for consideration of $150 to be paid him in ten…
1Opinion of the Court
STONE, O. J.
It requires very great particularity of averment, and very clear proof, to authorize the reformation of a written contract. — 1 Story’s Equity, § 152; (Campbell v. Hatchett, 55 Ala. 548 ; Turner v. Kelly, 70 Ala. 85.
The answer is a full denial of every averment of the bill which tends to give it equity, and the chancellor did not err in dissolving the injunction. The suit, however, being-instituted to enjoin and “stay proceedings on a judgment at law,” the decree is imperfect in that it did not order and “require of the defendant a refunding bond,” according to the provisions of…
2Cases cited2 opinions
- Turner v. KellySupreme Court of Alabama · 1881
- Campbell v. HatchettSupreme Court of Alabama · 1876
3Cited by15 opinions
- Springdale Gayfer's Store Co. v. DH Holmes Co., Ltd.Supreme Court of Alabama · 1967
- Ballentine v. BradleySupreme Court of Alabama · 1938
- Camper v. RiceSupreme Court of Alabama · 1918
- Cudd v. WoodSupreme Court of Alabama · 1921
- Parra v. CooperSupreme Court of Alabama · 1925
10 more not listed; retrieve them via the Exa API.