Hataway v. Carnley
Supreme Court of Alabama
Appeal from Coffee Chancery Court. Heard before Hon. W. R. Chapman. Bill by I. M. Carnley against R. J. Hataway and others to reform a deed. From a decree for complainant, respondents appeal.
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Appeal from Coffee Chancery Court. Heard before Hon. W. R. Chapman. Bill by I. M. Carnley against R. J. Hataway and others to reform a deed. From a decree for complainant, respondents appeal. The deed sought to be reformed was executed by R. J. Hata-way to complainant on December 24, 1904, and the land is described in the deed as follows: Nine acres, more or less, on the north side of a spring branch leading off from R. J. Hataway’s house in the N. E. % of the S. E. 14, Sec. 10, T. 7, R. 19, situated in Coffee county, Alabama. The bill charges that complainant in fact purchased, arid the…
1Opinion of the CourtSomerville, J.
We fully agree with the chancellor in his finding that the agreement between the parties was for the purchase, sale, and conveyance of all the land in the specified subdivision, lying north of the branch, without regard to the number of acres contained therein. The testimony of the witnesses, the character and condition of the land, and the conduct of the parties, leave no room for reasonable doubt on that issue.
It is the theory of respondent, however, that, under the allegations of the bill, the question of fact to be determined was merely whether the scrivener of the deed erroneously…
2Cases cited2 opinions
- Moore v. TateSupreme Court of Alabama · 1896
- Page v. WhatleySupreme Court of Alabama · 1909
3Cited by8 opinions
- Snodgrass v. SnodgrassSupreme Court of Alabama · 1924
- Parra v. CooperSupreme Court of Alabama · 1925
- Skidmore v. StewartSupreme Court of Alabama · 1917
- Gralapp v. HillSupreme Court of Alabama · 1921
- Garrett v. KirkseySupreme Court of Alabama · 1965
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