Clark v. Hart
Supreme Court of Alabama
Appeal from the Chancery Court of Barbour. Heard before the Hon. N. S. Graham. A fuller history of the facts upon which the present case is founded may be seen by referring to the cases of Clark v. Hart, 49 Ala. 86, and Hart v. Clark, 54 Ala. 491. The case in 49 Alabama shows the circumstances under which Emeline Clark, the appellant here, recovered judgment against Henry C. Hart, the present appellee, on the note in controversy.
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Appeal from the Chancery Court of Barbour. Heard before the Hon. N. S. Graham. A fuller history of the facts upon which the present case is founded may be seen by referring to the cases of Clark v. Hart, 49 Ala. 86, and Hart v. Clark, 54 Ala. 491. The case in 49 Alabama shows the circumstances under which Emeline Clark, the appellant here, recovered judgment against Henry C. Hart, the present appellee, on the note in controversy. The ease in 54 Alabama, between the same parties, was a bill in equity filed by Hart against Mrs. Clark, for the purpose of enjoining the collection of said…
1Opinion of the CourtStone, J.
1. Against a simple mistake of law, no court ■ will grant relief “ ignorantia legis, neminem excused — 1 Sto. Eq. § 111, et seq.; 1 Brick. Dig. 680, §§ 593 to 598.
2. When a writing fails to express some important element of the contract, which the parties mutually intended it ■ should express, or expresses it differently from what they had mutually agreed it should express; and this failure or difference of expression is the result of mistake or fraud, chancery, on clear proof, will reform the contract, so as to make it effective as the parties mutually intended. — 1 Sto. Eq. Ju. 140, 152; 1…
2Cases cited8 opinions
- Larkins v. BiddleSupreme Court of Alabama · 1852
- Stone v. HaleSupreme Court of Alabama · 1850
- Quivey v. BakerCalifornia Supreme Court · 1869
- Ledyard v. Hartford Fire InsuranceWisconsin Supreme Court · 1869
- White v. WilliamsNew York Supreme Court · 1867
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3Cited by15 opinions
- Corley v. VizardSupreme Court of Alabama · 1919
- Holland Blow Stave Co. v. BarclaySupreme Court of Alabama · 1915
- Lipham v. ShambleeSupreme Court of Alabama · 1921
- Folmar v. Lehman-Durr Co.Supreme Court of Alabama · 1906
- Guilmartin v. UrquhartSupreme Court of Alabama · 1886
10 more not listed; retrieve them via the Exa API.