Berry v. Webb
Supreme Court of Alabama
Bill in Equity for Reformation of Conveyance, and Partition. Appeal from the Chancery Court of Jackson. Heard before the Hon. N. S. Graiiam.
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Bill in Equity for Reformation of Conveyance, and Partition. Appeal from the Chancery Court of Jackson. Heard before the Hon. N. S. Graiiam. The bill in this case was filed on the 8th November, 1882, by William M. Berry, against Mrs. Elizabeth Webb, who was his sister, and the other children and heirs, at law of his deceased father, John Berry; and sought the reformation of a deed, by which said John Berry conveyed a tract of land to the complainant and his said sister, by correcting an alleged mistake in the description of the lands intended to be conveyed, and a partition of the lands…
1Opinion of the CourtSomerville, J.
The present bill is filed for the purpose of correcting an alleged misdescription of certain lands conveyed by one John Berry, in the year 1872, to the appellant, William Berry, and Elizabeth Webb, then Elizabeth ITeatherington ; and for the further purpose of having a partition of these lands decreed as between appellant, who -was complainant in the lower court, and said Elizabeth Webb — the two grantees in the conveyance thus being averred to be tenants in common.
We entertain no doubt of the jurisdiction of the court to grant the relief prayed, notwithstanding the fact that the complainant…
2Cases cited5 opinions
- Yarborough's Adm'r v. AvantSupreme Court of Alabama · 1880
- McMath v. DeBardelabenSupreme Court of Alabama · 1883
- Alexander v. CaldwellSupreme Court of Alabama · 1876
- Deloney v. WalkerSupreme Court of Alabama · 1839
- Berry, Demoville & Co. v. SowellSupreme Court of Alabama · 1882
3Cited by9 opinions
- McQueen v. TurnerSupreme Court of Alabama · 1890
- Fies v. RosserSupreme Court of Alabama · 1909
- Parra v. CooperSupreme Court of Alabama · 1925
- Clipper v. GordonSupreme Court of Alabama · 1950
- Gore v. DickinsonSupreme Court of Alabama · 1893
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