Sellers v. Grace
Supreme Court of Alabama
Appeal from Geneva Chancery Court. Heard before Hon., W. L. Parks. Bill by W. S. Grace and another against Sellers, Bullard & Co. From a decree for,plaintiffs, defendants appeal. The Complainants have a plain and adequate remedy at law and ah action at law could have been maintained in this case. — Moragne v. Doe, 39 So. Rep. 161. The forgery of a deed by a. third person is not enough to invoke equitable interposition.
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Appeal from Geneva Chancery Court. Heard before Hon., W. L. Parks. Bill by W. S. Grace and another against Sellers, Bullard & Co. From a decree for,plaintiffs, defendants appeal. The Complainants have a plain and adequate remedy at law and ah action at law could have been maintained in this case. — Moragne v. Doe, 39 So. Rep. 161. The forgery of a deed by a. third person is not enough to invoke equitable interposition. Under the rule in our State the party in such a case is left to his legal remedies. — Peebles v. Burns, 77 Ala. 290; Trcadieell v. Daubert. 133 Ala. 506. Attention is called to…
1Opinion of the CourtHaralson, J.
The bill in this case was to reform a lease or deed, set out as Exhibit A, — to correct a mistake therein. — alleged to have been committed on the appellees, by the fraud of the defendants, acting through one of their number, TV. B. Sellers, or to cancel and declare void the said deed. The contract of lease or sale, recites that, “for and in consideration of the sum of $245 to us in hand paid by Sellers, Bullard & Co., Are hereby bargain and sell to Sellers, Bullard & Co., their heirs and assigns, for a period of ten years, from the date hereof, all the groAving timber of all kinds, sizes and…
2Cases cited4 opinions
- Ohlander v. DexterSupreme Court of Alabama · 1892
- Read v. RowanSupreme Court of Alabama · 1894
- American Freehold Land Mortgage Co. v. JamesSupreme Court of Alabama · 1894
- Burnell v. MorrisSupreme Court of Alabama · 1894
3Cited by3 opinions
- Vizard v. RobinsonSupreme Court of Alabama · 1913
- Gilley v. DenmanSupreme Court of Alabama · 1913
- White v. Henderson-Boyd Lumber Co.Supreme Court of Alabama · 1910