Greil Bros. v. Brooks
Supreme Court of Alabama
Appeal from Lowndes Chancery Court. Heard before Hon. L. L>. Gardner. Bill by Mary E. Brooks against Greil Brothers Company and others, to reform a lease and rent note, or to cancel the same as a cloud on title, and for an injunction, and accounting. From a decree overruling demurrers to the bill, respondents appeal.
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Appeal from Lowndes Chancery Court. Heard before Hon. L. L>. Gardner. Bill by Mary E. Brooks against Greil Brothers Company and others, to reform a lease and rent note, or to cancel the same as a cloud on title, and for an injunction, and accounting. From a decree overruling demurrers to the bill, respondents appeal. The opinion of the chancellor as to the theory of the bill, made the basis of the special prayer for relief, and his reason for not granting the same, are as follows: “In order for a court of equity to reform a written instrument, it must be shown that the party seeking such…
1Opinion of the CourtMayfield, J.
This is an appeal from a decree overruling a demurrer to the original bill. The case made by the bill is well stated by counsel as follows:.:
“The original bill was filed by the appellee against appellants, Greil Bros. Company, Anderson Crenshaw, and C. E. Brooks, alleging, in substance: That appellee was the owner of certain lands located in Lowndes county and had been for several years. That she had intrusted the leasing and renting of these lands, and the collection of the rents therefrom, for a number- of years to her husband, C. E. Brooks; that in September, 1908, her husband entered into…
2Cases cited1 opinion
- Robinson v. PierceSupreme Court of Alabama · 1897
3Cited by7 opinions
- Insurance Co. of North America v. WilliamsSupreme Court of Alabama · 1917
- Tedder v. Home Ins. Co.Supreme Court of Alabama · 1925
- Continental Life Ins. Co. v. BrandtSupreme Court of Alabama · 1934
- Brooks v. Greil Bros. Co.Supreme Court of Alabama · 1919
- Thompson v. AndersonSupreme Court of Alabama · 1924
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