Ezzell v. Brown
Supreme Court of Alabama
Appeal from tbe Cbancerj Court of Franklin. ' Heard before tbe Hon. W. H. Simpson, Josephine Brown brought her bill against Laura O. Ezzell to reform a deed executed to complainant by her husbánd and to enjoin action at law by defendant to recover tbe land.
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Appeal from tbe Cbancerj Court of Franklin. ' Heard before tbe Hon. W. H. Simpson, Josephine Brown brought her bill against Laura O. Ezzell to reform a deed executed to complainant by her husbánd and to enjoin action at law by defendant to recover tbe land. Tbe defendant answered admitting tbe facts stated in tbe bill; but filed a cross-bill averring that she was a creditor of complainant’s husband prior to tbe execution of tbe deed, and that tbe consideration recited in it was fictitious. Tbe complainant in the cross-bill made no proof that she was such creditor. Tbe complainant to tbe…
1Opinion of the CourtTyson, J.
— The bill in this cause was filed for the purpose of correcting a misdescription of lands sought and intended to be conveyed by the deed from complainant’s husband to her and to enjoin the prosecution of an action of ejectment brought by the appellant to recover-them.
The bill avers that the correct description of the lands is north fractional half of section 35, T. 6, R. 13 in Franklin county, Alabama, Avhile the description in the deed was by mistake written as “the fractional half of section 35, T. 6, R. 13 west.” Section 35, T. 6, R. 13 in Franklin county is a fractional section…
2Cases cited9 opinions
- Griffith v. StateSupreme Court of Alabama · 1891
- Lindsay v. CooperSupreme Court of Alabama · 1891
- Goodbar, White & Co. v. DanielSupreme Court of Alabama · 1889
- Houston v. BlackmanSupreme Court of Alabama · 1880
- Smith v. Collins & GriffithSupreme Court of Alabama · 1891
4 more not listed; retrieve them via the Exa API.
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