Harold Bros. & Scott v. Weaver
Supreme Court of Alabama
Appeal from the Chancery Court of Conecuh. Heard before the Hon. JNo. A. Foster. The record in this case does not show when the original bill was filed, but the subpoenas to answer were issued on the 22d June, 1832; and though an amended bill was also filed, it is nowhere set out, nor does the record show in what particulars the original bill was amended.
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Appeal from the Chancery Court of Conecuh. Heard before the Hon. JNo. A. Foster. The record in this case does not show when the original bill was filed, but the subpoenas to answer were issued on the 22d June, 1832; and though an amended bill was also filed, it is nowhere set out, nor does the record show in what particulars the original bill was amended. The bill was filed by George P. Weaver, against the partners composing the firm of Harold Brothers & Scott, and against Jesse Howard, Mrs. Mary Reid, and John El. Jones; the latter being the grandson and only heir at law of Henry Sledge,…
1Opinion of the Court
BRICKELL, O. J.
The argument in support of the demurrer is, that as more than twenty years elapsed after the making of the mistake in describing the lands, during ivhich period the complainant and those under whom he claimed had uninterrupted possession of the lands it was intended to convey, the lapse of time is a bar to the reformation of the conveyance. There can be no doubt, that the statute of limitations, or the lapse of time, will operate in a court of equity to bar relief against mistake, as it will operate to bar relief against fraud; and’ that the period of the bar will be computed…
2Cases cited1 opinion
- Williams v. Mitchell's Adm'rSupreme Court of Alabama · 1857
3Cited by14 opinions
- Craig v. RootSupreme Court of Alabama · 1946
- Fowler v. Alabama Iron & Steel Co.Supreme Court of Alabama · 1910
- Sims v. RigginsSupreme Court of Alabama · 1917
- Woodlawn Realty & Development Co. v. HawkinsSupreme Court of Alabama · 1914
- Echols v. HubbardSupreme Court of Alabama · 1890
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