Hammer v. Lange
Supreme Court of Alabama
Appeal from Cullman Chancery Court.. Heard before non. W. H. Simpson. Bill by J. F. C. Hammer against Robert Lange and another, to reform a deed. Judgment for respondent and complainant appeals.
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Appeal from Cullman Chancery Court.. Heard before non. W. H. Simpson. Bill by J. F. C. Hammer against Robert Lange and another, to reform a deed. Judgment for respondent and complainant appeals. A mistake of the kind here sought to be corrected may be shown by parol evidence and corrected in equity. — Miller v. Morris, 128 Ala. 164; Jones v. McNcaly, 139 Ala. 379; Stevens v. Hertzler, 114 Ala. 563; Houston v. Haul, 86 Ala. 237; Page v. Whatley, 50 South. 116. Under the circumstances here in evidence, adverse possession was not acquired to the additional foot. — Davis v. Caldwell, 107 Ala.…
1Opinion of the CourtSimpson, J.
The bill in this case was filed by the appellant, to have reformed a deed executed by the complainant to the respondent.
The parties undertook to measure the lot with a tapeline, starting from a certain fence, which, it is now claimed, is not on the southern line of the lot intended to he conveyed. The deed does not mention the fence, hut makes the southern line of the lot the base. It is not sought to reform the deed as to this southern line, but only as to the northern line. There is a conflict between the evidence on the part of the complainant, and that on the part of the respondent, as to…
2Cases cited1 opinion
- Hertzler v. StevensSupreme Court of Alabama · 1898
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