Williams v. Hatch
Supreme Court of Alabama
Appeal from the-Chancery Court of Choctaw. Heard before the Hon. M. J. Saeegld. The bill in this -case was filed by Alfred Hatch, against Stephen Smith, Wheaton Williams, William Horn, and William ■!?. Webb | and sought the reformation of a mortgage, executed by said’ Smith to the complainant, so as to make it include a slave, who was alleged to have been omitted by mistake, and was afterwards sold under execu-. tions issued on judgments against said Smith, in favor of the…
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Appeal from the-Chancery Court of Choctaw. Heard before the Hon. M. J. Saeegld. The bill in this -case was filed by Alfred Hatch, against Stephen Smith, Wheaton Williams, William Horn, and William ■!?. Webb | and sought the reformation of a mortgage, executed by said’ Smith to the complainant, so as to make it include a slave, who was alleged to have been omitted by mistake, and was afterwards sold under execu-. tions issued on judgments against said Smith, in favor of the defendants Williams and Webb, and was purchased at the sale by Williams and Horn. The alleged mistake in the mortgage was…
1Opinion of the CourtR. W. Walker, J.
On the SOfch of March, 1852, Smith executed to Hatch a mortgage, for the purpose of securing a sum of money lent by the latter to the former. The intention of the parties was, that the mortgage should embrace a negro woman Phillis, and her two children, Cicero and Margaret; but, by mistake, the name of Emily *340was inserted instead of Margaret, and the mortgage was so recorded. In March, 1855, two j udgments, one in favor of Horn, and the other of Webb, were rendered against Smith ; and, by virtue of executions issued upon these judgments, the girl Margaret was levied upon, and sold to the…
2Cases cited11 opinions
- Herbert v. HanrickSupreme Court of Alabama · 1849
- Stone v. HaleSupreme Court of Alabama · 1850
- Boyd v. BeckSupreme Court of Alabama · 1857
- Foster v. GoreeSupreme Court of Alabama · 1843
- Wiswall v. RossSupreme Court of Alabama · 1837
6 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- De Moville v. Merchants & Farmers BankSupreme Court of Alabama · 1939
- McLean v. Presley's Adm'rSupreme Court of Alabama · 1876
- Chadwick v. CarsonSupreme Court of Alabama · 1884
- St. Clair Springs Hotel Co. v. BalcombSupreme Court of Alabama · 1926
- Berry, Demoville & Co. v. SowellSupreme Court of Alabama · 1882
10 more not listed; retrieve them via the Exa API.