Legal Opinion

Camper v. Rice

Supreme Court of Alabama

Decided May 9, 1918No. 8 Div. 75PublishedCited by 21 opinions

Appeal from Circuit Court, Lauderdale County; C. P. Almon, Judge. Bill by S. D. Rice against Minnie B. Camper to reform a deed. From a decree for complainant, respondent appeals. Bill by appellee against appellant, seeking a reformation of a certain deed executed by the appellee August 19, 1916, to a certain lot situated in the city of Florence, Ala., a eopy of said deed being made Exhibit B to the bill.

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Appeal from Circuit Court, Lauderdale County; C. P. Almon, Judge. Bill by S. D. Rice against Minnie B. Camper to reform a deed. From a decree for complainant, respondent appeals. Bill by appellee against appellant, seeking a reformation of a certain deed executed by the appellee August 19, 1916, to a certain lot situated in the city of Florence, Ala., a eopy of said deed being made Exhibit B to the bill. Paragraph 3 of said bill is as follows : “That complainant sold to defendant a certain tract of land located in Lauderdale county, Ala., described as follows, to wit: Part of lot 376…

1Opinion of the CourtGardner, J.

Bill filed by appellee, seeking a reformation of a certain deed executed to the appellant on August 19, 1916, upon the theory that the property therein attempted to be conveyed was incorrectly described, as a result of a mutual mistake.

[1] The rule is well established in this state that, in the exercise of this jurisdiction, the court proceeds with utmost caution, as it involves the invasion of a salutary rule of evidence, and that before relief will be granted if must be shown by clear, exact, and satisfactory proof “that the mistake exists; that the writing deviates from the intention and…

2Cases cited7 opinions

  1. Hammer v. LangeSupreme Court of Alabama · 1911
  2. Hertzler v. StevensSupreme Court of Alabama · 1898
  3. Turner v. KellySupreme Court of Alabama · 1881
  4. Dexter v. OhlanderSupreme Court of Alabama · 1891
  5. Warren v. CrowSupreme Court of Alabama · 1916

2 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Ballentine v. BradleySupreme Court of Alabama · 1938
  2. Cudd v. WoodSupreme Court of Alabama · 1921
  3. National Union Fire Ins. Co. v. LassetterSupreme Court of Alabama · 1932
  4. Parra v. CooperSupreme Court of Alabama · 1925
  5. Clipper v. GordonSupreme Court of Alabama · 1950

16 more not listed; retrieve them via the Exa API.

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