Kinney v. Ensminger
Supreme Court of Alabama
Appeal from the Chancery Court of Morgan. Heard before the Hon. Thomas Cobbs. (1.) In.cases like this, where a party seeks to change the terms of a written instrument by oral evidence, the court proceeds with great caution, and requires the mistake to be established clearly and satisfactorily.- — Campbell v. Hatchett, 55 Ala. 548; Turner v. Kelly, 70 Ala. 85; Hinton v. Insurance Co., 63 Ala- 488; Alexander v. Caldwell, 55 Ala. 517; Berry v. Sowell, 72 Ala. 14. (2.) The…
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Appeal from the Chancery Court of Morgan. Heard before the Hon. Thomas Cobbs. (1.) In.cases like this, where a party seeks to change the terms of a written instrument by oral evidence, the court proceeds with great caution, and requires the mistake to be established clearly and satisfactorily.- — Campbell v. Hatchett, 55 Ala. 548; Turner v. Kelly, 70 Ala. 85; Hinton v. Insurance Co., 63 Ala- 488; Alexander v. Caldwell, 55 Ala. 517; Berry v. Sowell, 72 Ala. 14. (2.) The complainant does not acquit himself of negligence. — Watts v. Burnett, 56 Ala. 340; Dawson v. Bums, 73 Ala. Ill; Benj. Sales,…
1Opinion of the CourtSomerville, J.
The bill is filed by the appellee, Ensminger, to reform a land deed recently executed to the appellants, and also the notes given for the purchase-money, so as to make the papers show on their face that a vendor’s lien was retained, in accordance with what is alleged to have been the mutual agreement between the contracting, parties. An injunction was prayed and granted, staying the threatened sale of the land in the meanwhile, it appearing that the purchase-money notes were not yet due, and that the defendants were insolvent. The appeal is taken from an interlocutory decree of the chancellor…
2Cases cited9 opinions
- Columbus & Western Railway Co. v. WitherowSupreme Court of Alabama · 1886
- Cannon v. LindseySupreme Court of Alabama · 1887
- Dawson v. BurrusSupreme Court of Alabama · 1882
- Burroughs v. Pacific Guano Co.Supreme Court of Alabama · 1886
- Tedder v. SteeleSupreme Court of Alabama · 1881
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Beck & Pauli Lithographing Co. v. HouppertSupreme Court of Alabama · 1894
- Cudd v. WoodSupreme Court of Alabama · 1921
- Parra v. CooperSupreme Court of Alabama · 1925
- Cox v. BeardSupreme Court of Kansas · 1907
- Clipper v. GordonSupreme Court of Alabama · 1950
13 more not listed; retrieve them via the Exa API.