Legal Opinion

Original Church of God, Inc. v. Perkins

Supreme Court of Alabama

Decided April 11, 1974No. SC 554PublishedCited by 13 opinions

1Opinion of the Court

LAWSON, Supernumerary Justice.

The appeal is by the complainant below from- a final decree wherein the trial court refused to reform the description in a deed.

Reformation was sought on the ground that the property described in the deed is not the property intended to be conveyed because of a mutual mistake of the parties. The grantee in the deed was the complainant below and is the appellant here.

One of the established grounds of equitable jurisdiction is the power to reform a written instrument so as to make it conform to the intention of the parties where, through a mutual mistake, their…

2Cases cited7 opinions

  1. Darden v. MeadowsSupreme Court of Alabama · 1953
  2. Kant v. Atlanta, Birmingham & Atlantic R. R.Supreme Court of Alabama · 1914
  3. Garrett v. KirkseySupreme Court of Alabama · 1965
  4. Cobern v. FosheeSupreme Court of Alabama · 1930
  5. Duckett v. LipscombSupreme Court of Alabama · 1971

2 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Highlands Underwriters Ins. Co. v. Elegante Inns, Inc.Supreme Court of Alabama · 1978
  2. City of Montgomery v. MaullSupreme Court of Alabama · 1977
  3. Reliance Ins. Co. v. Substation ProductsSupreme Court of Alabama · 1981
  4. Clemons v. MallettSupreme Court of Alabama · 1984
  5. Pinson v. VeachSupreme Court of Alabama · 1980

8 more not listed; retrieve them via the Exa API.

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