Day v. Preskett
Supreme Court of Alabama
Appeal from the Chancery Court of Macon. Heard before the Hon. James B. Clark. The original bill in this case was filed, on the 31st August, 1857, by Milledge W. Preskett, against Stephen Day» Yancey McYay, and William D. Benson; and sought principally the reformation of a bond for titles, which was executed by said Stephen Day, to said McYay, on the 7th December, 1849, so as to make it include a part of the land which was omitted by mistake.
Read the full summary
Appeal from the Chancery Court of Macon. Heard before the Hon. James B. Clark. The original bill in this case was filed, on the 31st August, 1857, by Milledge W. Preskett, against Stephen Day» Yancey McYay, and William D. Benson; and sought principally the reformation of a bond for titles, which was executed by said Stephen Day, to said McYay, on the 7th December, 1849, so as to make it include a part of the land which was omitted by mistake. The land sold by Day to McYay was the south-west quarter of section nineteen, in township seventeen, range twenty-three ; while the land described in…
1Opinion of the CourtJudge, J.
That there was a mistake in the description of the land, in the bond for titles from Day to McYay, is not controverted; and it is not contended that the chancellor erred in cerrecting it. It is insisted, however, that the chancellor did err in decreeing that Day should convey the land in question to the complainant below, without providing for the payment of that portion of the purchase-money which Day alleges is still due to him, on account of his sale of the land. The balance of purchase-money thus claimed by Day, it is said, amounts to between eighty and one hundred dollars, and is claimed…
2Cases cited3 opinions
- Conner v. BanksSupreme Court of Alabama · 1850
- Glover v. GloverSupreme Court of Alabama · 1850
- Gilchrist v. GilmerSupreme Court of Alabama · 1846
3Cited by4 opinions
- Latham v. StaplesSupreme Court of Alabama · 1871
- Laine v. FrancisMissouri Court of Appeals · 1884
- Terry v. KeatonSupreme Court of Alabama · 1877
- De Weese v. SmithU.S. Circuit Court for the District of Western Missouri · 1899