Reese v. Kirk
Supreme Court of Alabama
Appeal from the Chancery Court of Chambers. Heard before the Hon. James B. Claek. ■ This bill was filed by' William Kirk against James E. Reese, to reform,a bond for titles to a tract of land, and to enjoin an action at law on the bond.
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Appeal from the Chancery Court of Chambers. Heard before the Hon. James B. Claek. ■ This bill was filed by' William Kirk against James E. Reese, to reform,a bond for titles to a tract of land, and to enjoin an action at law on the bond. The bond was executed by Kirk to Reese in October, 1853, and was conditioned that the vendor should make title to “the west half of section two, township seventeen, range twenty-three; also, one hundred and fifteen acres, being part of the west half of section thirty-five,, township eighteen, range twenty-three; containing four hundred and thirty-five acres,…
1Opinion of the CourtRice, C. J.
The evidence shows that, by mistake, the bond for titles executed by the complainant to the respondent did not truly describe the tract of land really sold by the former to the latter. But the evidence also tends, very strongly, to show that neither the complainant, nor his vendor, had such title to said tract as the complainant by his bond covenanted to make to the respondent; that probably he will not be able, within any reasonable time, if ever, to procure or to make such title; and that neither he, nor the respondent, knew of that defect of title at the time the contract was made.
If the…
2Cases cited2 opinions
- Younge v. Harris' AdministratorSupreme Court of Alabama · 1841
- Allen v. GreeneSupreme Court of Alabama · 1851
3Cited by8 opinions
- Medley v. German Alliance InsuranceWest Virginia Supreme Court · 1904
- Cowan & Co. v. SappSupreme Court of Alabama · 1886
- Houston v. FaulSupreme Court of Alabama · 1888
- Scottish-American Mortgage Co. v. BunckleyMississippi Supreme Court · 1906
- Thompson v. SheppardSupreme Court of Alabama · 1888
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