Robbins v. Battle House Co.
Supreme Court of Alabama
Appeal from tbe Chancery Court of Mobile. Heard before the Hon. John A. Foster. The bill in this case was filed on the 10th April, 188J, by Martin O. Bobbins, against the Battle House Company, a domestic corporation, the owner of the property in Mobile known as the Battle House; and sought the reformation of the complainant’s lease of the property, by the correction of an alleged mistake in the description of the leased premises, and an injunction of further proceedings…
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Appeal from tbe Chancery Court of Mobile. Heard before the Hon. John A. Foster. The bill in this case was filed on the 10th April, 188J, by Martin O. Bobbins, against the Battle House Company, a domestic corporation, the owner of the property in Mobile known as the Battle House; and sought the reformation of the complainant’s lease of the property, by the correction of an alleged mistake in the description of the leased premises, and an injunction of further proceedings under a judgment, in an action of unlawful detainer for the possession of the property, which the defendant had recovered…
1Opinion of the CourtStone, J.
— Long v. Brown, 4 Ala. 622, was the case of a bill filed to correct a mistake in the description of part of a tract of land, which Brown had contracted to convey to Long.. The answer admitted the mistake, and averred that he, Brown, was never advised of it until the filing of the'bill, and that he would have corrected it at any time, if applied to. The court said: “ To give a court of equity jurisdiction to enjoin a judgment at law, until a mistake of this kind could be rectified, application should have been made to the vendor to make-it, and on his refusal that court would interfere, if…
2Cases cited3 opinions
- Long v. BrownSupreme Court of Alabama · 1843
- Beck v. SimmonsSupreme Court of Alabama · 1844
- Black v. Stone & Co.Supreme Court of Alabama · 1858
3Cited by14 opinions
- Smith v. CookSupreme Court of Alabama · 1929
- Giddens v. BollingSupreme Court of Alabama · 1890
- Bates v. KellySupreme Court of Alabama · 1885
- Miller v. Louisville & Nashville RailroadSupreme Court of Alabama · 1887
- Crawford v. Chattanooga Savings BankSupreme Court of Alabama · 1917
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