Miller v. Morris
Supreme Court of Alabama
Appeal from the Chancery Court of Morgan. Heard before the Hon. W. H. Simpson. The bill in this case was filed by W. M. Morris against Frank M. Miller, Callie A. Miller and Edna Morris.
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Appeal from the Chancery Court of Morgan. Heard before the Hon. W. H. Simpson. The bill in this case was filed by W. M. Morris against Frank M. Miller, Callie A. Miller and Edna Morris. It was averred in the bill that on January 26, 1894,' the complainant and his Avife Edna Morris conveyed to the defendants, Frank M. Miller and Callie A. Miller certain lands, among which was the south of the southeast ¿ of section 1, toAvnship 8, range 4 west, said deed containing the usual covenants of warranty.. It Avas then averred in the hill that it was intended by all the parties to the conveyance that…
1Opinion of the CourtColeman, J.
The appellants sued the appellees for a breach of covenants of warranty contained in a deed executed by the appellees to the plaintiffs. Thereupon the appellees filed the present bill, to have the deed *169of conveyance reformed as to the description of the land, and to enjoin the action at law. No other court has jurisdiction to reform, a deed, and relief will always he granted upon proper averments, if the evidence is sufficient. The proof must be clear and convincing, but the law does not require that the facts be proven beyond all reasonable doubt, as it does to authorize a conviction in…
2Cases cited5 opinions
- Turner v. KellySupreme Court of Alabama · 1881
- Campbell v. HatchettSupreme Court of Alabama · 1876
- Smith v. AllenSupreme Court of Alabama · 1893
- Johnson v. CrutcherSupreme Court of Alabama · 1872
- Tyson v. ChestnutSupreme Court of Alabama · 1892
3Cited by3 opinions
- Owens v. LackeySupreme Court of Alabama · 1946
- United States Guarantee Co. v. Harrison & Owen Produce Co.Supreme Court of Alabama · 1940
- Crane v. BlackburnSupreme Court of Alabama · 1914