Hand v. Cox
Supreme Court of Alabama
Appeal from Mobile Chancery Court. Heard before Hon. Thomas H. Smith. Bill by B. E. Cox against Thomas C. Hand to reform description in a deed on account of mistake and fraud.
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Appeal from Mobile Chancery Court. Heard before Hon. Thomas H. Smith. Bill by B. E. Cox against Thomas C. Hand to reform description in a deed on account of mistake and fraud. Decree for complainant and respondent appeals. — The complainant had an adequate remedy at law by abatement of the purchase money to the extent that he is injured, hence, the demurrer was good. — Bridges v. McLendon, . 56 Ala. 327. There is no allegation of fraud in the bill and the case made is only one of mistake, and the rule to be applied is found stated in the following cases — Hough v. Smith, 132 Ala. 204; Moore…
1Opinion of the CourtEvans, J.
1. The bill of complaint in this case was filed in the Mobile Chancery court, and sought the reformation of a deed-as to the description of the lands 1 herein conveyed. The equity of the bill and the right to have the deed reformed as to the description of the , lands therein conveyed depend upon one of two propositions, either one of which, if properly alleged in the bill and clearly established by the evidence, entitles the plaintiff to the relief prayed for. ■ As said in Pomeroy’s Equity (3d Ed.) § 1376: “Equity has jurisdiction to reform written instruments in but two well-defined cases:…
2Cases cited5 opinions
- Turner v. KellySupreme Court of Alabama · 1881
- Moore v. TateSupreme Court of Alabama · 1896
- Campbell v. HatchettSupreme Court of Alabama · 1876
- Hinton v. Citizens' Mutual InsuranceSupreme Court of Alabama · 1879
- Tyson v. ChestnutSupreme Court of Alabama · 1892
3Cited by10 opinions
- Springdale Gayfer's Store Co. v. DH Holmes Co., Ltd.Supreme Court of Alabama · 1967
- Snodgrass v. SnodgrassSupreme Court of Alabama · 1924
- Consumers Coal & Fuel Co. v. YarbroughSupreme Court of Alabama · 1915
- Clipper v. GordonSupreme Court of Alabama · 1950
- Great Atlantic & Pacific Tea Co. v. Engel Realty Co.Supreme Court of Alabama · 1941
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