Legal Opinion

McCaskill v. Toole

Supreme Court of Alabama

Decided December 20, 1928No. 4 Div. 406PublishedCited by 17 opinions

1Opinion of the Court

BOULDIN, X

-The bill is for reformation of a deed to real estate in matter of description. The appeal is from a decree overruling demurrers to the bill.

The bill avers the grantor owned the southeast quarter of northeast quarter of a named section; that he sold to the grantees the merchantable timber thereon; that by oversight or mistake of the draftsman the land was described as southwest quarter of northeast quarter of the sectiofi; that the grantor did not own the described subdivision and did not contract to sell the timber thereon, but did agree to sell -the timber on the subdivision owned…

2Cases cited5 opinions

  1. Cudd v. WoodSupreme Court of Alabama · 1921
  2. Parra v. CooperSupreme Court of Alabama · 1925
  3. Crawford v. Chattanooga Savings BankSupreme Court of Alabama · 1917
  4. Robbins v. Battle House Co.Supreme Court of Alabama · 1883
  5. Burch v. DriverSupreme Court of Alabama · 1921

3Cited by17 opinions

  1. Smith v. CookSupreme Court of Alabama · 1929
  2. Clemons v. MallettSupreme Court of Alabama · 1984
  3. Clipper v. GordonSupreme Court of Alabama · 1950
  4. Ballentine v. BradleySupreme Court of Alabama · 1939
  5. Crabb v. ChisumSupreme Court of Oklahoma · 1938

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