Bailey, Davis & Co. v. Timberlake
Supreme Court of Alabama
Appeal from the Chancery Court of Jackson. Heard before the Hon. N. S. Graham. The bill in this case was filed on the 25th September, 1883, by J. P. and J. S. Timberlake, as the administrators of the estate of Henry Bunn, deceased, against John P. Bynum and wife, and against the persons composing the partnership of Bailey, Davis & Co., a mercantile firm doing business in Nashville, Tennessee; and sought, 1st, the reformation of a mortgage, executed to the complainants by…
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Appeal from the Chancery Court of Jackson. Heard before the Hon. N. S. Graham. The bill in this case was filed on the 25th September, 1883, by J. P. and J. S. Timberlake, as the administrators of the estate of Henry Bunn, deceased, against John P. Bynum and wife, and against the persons composing the partnership of Bailey, Davis & Co., a mercantile firm doing business in Nashville, Tennessee; and sought, 1st, the reformation of a mortgage, executed to the complainants by said Bynum and wife, by correcting an erroneous description of the lands conveyed; 2d, a redemption of the property from…
1Opinion of the Court
BBICKELL, O. J.
— The demurrer of appellants, Bailey, Davis & Co., to the original bill, assigns two separate and distinct causes, though stated in varying form and terms. The first is, that as they are not averred to have had notice of the ' erroneous description or designation of a part of the lands em*224braced in the mortgage to the appellees, as judgment creditors of the mortgagor, they are protected by the statute of registration against a reformation or correction of the description, so as to apply the mortgage to the lands really intended to be conveyed. The second is,'' that, if not…
2Cases cited13 opinions
- Donald & Co. v. HewittSupreme Court of Alabama · 1859
- Larkins v. BiddleSupreme Court of Alabama · 1852
- Ohio Life Insurance & Trust Co. v. LedyardSupreme Court of Alabama · 1846
- Stone v. HaleSupreme Court of Alabama · 1850
- Childress v. MonetteSupreme Court of Alabama · 1875
8 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- O'Neal v. SeixasSupreme Court of Alabama · 1887
- Mewburn's Heirs v. BassSupreme Court of Alabama · 1886
- Wilson v. HoltSupreme Court of Alabama · 1887
- Powers v. AndrewsSupreme Court of Alabama · 1887
- Orr, Scroggins & Hume v. EcholsSupreme Court of Alabama · 1898
10 more not listed; retrieve them via the Exa API.