Berry, Demoville & Co. v. Sowell
Supreme Court of Alabama
Appeal from tbe Chancery Court of Limestone. Heard before the Hon. ThoMas Cobbs. The bill in this case was filed on the 26th April, 1876, by Mrs. Julia C. Sowell, a married woman, suing by her next friend, against Benjamin M. Sowell (her husband), Preston Cap-shaw (her father), and the partners composing the mercantile firm of Berry, Demoville & Co., a firm doing business in Nashville, Tennesseeand sought the reformation of a deed to a house and lot in the town of Athens, so…
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Appeal from tbe Chancery Court of Limestone. Heard before the Hon. ThoMas Cobbs. The bill in this case was filed on the 26th April, 1876, by Mrs. Julia C. Sowell, a married woman, suing by her next friend, against Benjamin M. Sowell (her husband), Preston Cap-shaw (her father), and the partners composing the mercantile firm of Berry, Demoville & Co., a firm doing business in Nashville, Tennesseeand sought the reformation of a deed to a house and lot in the town of Athens, so as to make it show that it was not a voluntary conveyance (as on its face it purported to be), and to create in the…
1Opinion of the CourtSomerville, J.
It is a settled principle of equity jurisprudence, that where, by mistake, or fraud, a deed or 'other-written contract fails to express any material term of the real agreement which the parties mutually intended to make, a court of equity will, on clear and satisfactory proof of such mistake or fraud, reform the instrument, so as to make it conform to the intention of the parties, and embody the actual or true agreement.—Alexander v. Caldwell, 55 Ala. 517; Campbell v. Hatchett, Ib. 548. The aim of the court, in such cases, is to place the parties, as nearly as possible, in the situation they…
2Cases cited10 opinions
- Hubbard v. AllenSupreme Court of Alabama · 1877
- Preston & Stetson v. McMillanSupreme Court of Alabama · 1877
- Foster v. Trustees of the AthenæumSupreme Court of Alabama · 1842
- Knighton v. CurrySupreme Court of Alabama · 1878
- Dozier v. MitchellSupreme Court of Alabama · 1880
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Nolen v. HenrySupreme Court of Alabama · 1914
- Parra v. CooperSupreme Court of Alabama · 1925
- Consumers Coal & Fuel Co. v. YarbroughSupreme Court of Alabama · 1915
- Kinney v. EnsmingerSupreme Court of Alabama · 1888
- Houston v. FaulSupreme Court of Alabama · 1888
6 more not listed; retrieve them via the Exa API.