Brassell v. Fisk
Supreme Court of Alabama
Appeal from the Montgomery City Court. Heard before Hon. A. D. Sayre. Bill by A. B. Brassell against F. B. Fisk, to reform certain deed mentioned therein, and for a money judgment. From a judgment for defendant plaintiff appeals. By concealment and misrepresentation of material facts touching the quality of the land, respondent paid complainant for 1,480 acres of the land and received conveyance and title' to 1,540 acres of land.
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Appeal from the Montgomery City Court. Heard before Hon. A. D. Sayre. Bill by A. B. Brassell against F. B. Fisk, to reform certain deed mentioned therein, and for a money judgment. From a judgment for defendant plaintiff appeals. By concealment and misrepresentation of material facts touching the quality of the land, respondent paid complainant for 1,480 acres of the land and received conveyance and title' to 1,540 acres of land. A court of equity will grant relief in such cases. — 2 Pom. Eq. Jur. (3rd Ed.) secs. 852, 854, 858, 865, 866, 869, 870, 871, 901, 903 and note a, p. 1611; 1 Brick.…
1Opinion of the CourtDenson, J.
—The bill is filed by A. B. Brassell against F. B. Fisk, and seeks a reformation of two deeds executed by the complainant to the respondent on the 8th day of February, 1904, and the 14th day of February, 1905, respectively, conveying to the respondent the title to the lands therein described. The bill also seeks a money decree against the respondent in the sum of $720, alleged to have been refunded or abated to the respondent on account of a deficiency in the acreage of the land, and claimed by the respondent.
The first question to be determined is whether the deeds on their faces show a sale…
2Cases cited16 opinions
- Jordan & Sons v. PickettSupreme Court of Alabama · 1884
- Powell v. ClarkMassachusetts Supreme Judicial Court · 1809
- Hodges v. DennySupreme Court of Alabama · 1888
- Winston v. BrowningSupreme Court of Alabama · 1878
- Perkins' Exr's v. Winter's Adm'rxSupreme Court of Alabama · 1845
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3Cited by7 opinions
- Bankhead v. JacksonSupreme Court of Alabama · 1952
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- Cox v. CollinsSupreme Court of Alabama · 1921
- Cobb v. MortonSupreme Court of Alabama · 1949
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