Guilmartin v. Urquhart
Supreme Court of Alabama
Appeal from the Chancery Court of Pike. Heard before the Hon. John A. Foster. The bill in this case was filed on the 5th March, 1886, by William Urquhart and others, heirs at law of Henry S. Urquhart, deceased, against Minnie Guilmartin and her husband, John F.; and prayed the reformation of a conveyance of a tract of land, which the defendants had executed to said Henry S. Urquhart in his life-time, by correcting the description of the property, and an injunction of an…
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Appeal from the Chancery Court of Pike. Heard before the Hon. John A. Foster. The bill in this case was filed on the 5th March, 1886, by William Urquhart and others, heirs at law of Henry S. Urquhart, deceased, against Minnie Guilmartin and her husband, John F.; and prayed the reformation of a conveyance of a tract of land, which the defendants had executed to said Henry S. Urquhart in his life-time, by correcting the description of the property, and an injunction of an action at law, which Mrs. Guilmartin had brought to recover the possession of the lot which, according to the allegations of…
1Opinion of the Court
STONE, O. J.
To authorize the reformation of a contract which has been reduced to writing and signed, the proof must be clear, exact, and satisfactory, — first, that the writing does not truly express the intention of the parties — that on which their two minds had agreed ; and, second, what it was the parties intended the writing should express.—Alexander v. Caldwell, 55 Ala. 517; Campbell v. Hatchett, Ib. 548; Turner v. Kelly, 70 Ala. 85; Berry v. Sowell, 72 Ala. 14. But chancery will not add to a contract a term or stipulation, unless it is shown the parties intended it should be…
2Cases cited4 opinions
- Alexander v. CaldwellSupreme Court of Alabama · 1876
- Turner v. KellySupreme Court of Alabama · 1881
- Clark v. HartSupreme Court of Alabama · 1876
- Berry, Demoville & Co. v. SowellSupreme Court of Alabama · 1882
3Cited by11 opinions
- Wooddy v. MatthewsSupreme Court of Alabama · 1915
- Camper v. RiceSupreme Court of Alabama · 1918
- Moore v. TateSupreme Court of Alabama · 1896
- Weathers v. HillSupreme Court of Alabama · 1890
- Ohlander v. DexterSupreme Court of Alabama · 1892
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