Burnell v. Morris
Supreme Court of Alabama
Apbbal from the Chancery Court of Jefferson. Heard before the-Hon. Thomas Cobbs. The facts of the case are sufficiently stated in the opinion. — Courts of equity do not grant the high remedy of reformation upon a probability, nor upon a mere preponderance of evidence, but only upon a certainty of the error. — Pomeroy’s Eq. Jur.
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Apbbal from the Chancery Court of Jefferson. Heard before the-Hon. Thomas Cobbs. The facts of the case are sufficiently stated in the opinion. — Courts of equity do not grant the high remedy of reformation upon a probability, nor upon a mere preponderance of evidence, but only upon a certainty of the error. — Pomeroy’s Eq. Jur. (2d ed.), § 859 note 2; Dexter v. Oh,lander, 95 Ala. 468; Campbell v. Hatchett, 55 Ala. 548; Guilmartin v. Urquhart, 82 Ala. 570; Berry v. Sowell, 72 Ala. 14; 1 Story Eq. Jur., § 152. The mistake must be mutual. Turner v. Kelly, 70 Ala. 90. Mistake must be in inserting…
1Opinion of the CourtColeman, J.
— Abel Burnell executed a mortgage upon a certain parcel of land in which his wife, Ellen Burnell joined, to Wm. Morris to secure the payment of a debt due the mortgagee. After the death of Abel Burnell the mortgage was foreclosed by a power of sale, and at the sale Ellen Burnell became the purchaser. The mortgagee William Morris executed a deed to Ellen Burnell, the purchaser, with general covenants of warranty as to title. The purchaser having surrendered possession to a superior title, sued William Morris for a breach of the covenants of warranty in the deed in a court of law, and…
2Cases cited3 opinions
- Trapp v. MooreSupreme Court of Alabama · 1852
- Guilmartin v. UrquhartSupreme Court of Alabama · 1886
- Ohlander v. DexterSupreme Court of Alabama · 1892
3Cited by3 opinions
- Moore v. TateSupreme Court of Alabama · 1896
- Sellers v. GraceSupreme Court of Alabama · 1907
- Mitchell v. Capital City InsuranceSupreme Court of Alabama · 1895