Pierce v. Brassfield
Supreme Court of Alabama
Error to the Chancery Court of Greene. The bill was filed by the plaintiff in error, and alledges, that the defendant, Brassfield, represented himself to be the owner of certain lands in Sumter county, which are particularly described, containing four hundred and fifty acres.
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Error to the Chancery Court of Greene. The bill was filed by the plaintiff in error, and alledges, that the defendant, Brassfield, represented himself to be the owner of certain lands in Sumter county, which are particularly described, containing four hundred and fifty acres. That he sold the same to the complainant for $2,880, payable by four instalments, of $720 each, on the 1st January, 1837-8-9 and 40, and executed his bond for title, as soon as he obtained the patents from the government. That Brass-field had not, at the time of the sale, or since, any right or title to the north half of…
1Opinion of the Court
ORMOND, J
There is no difference whatever, in coming to the conclusion, that a mistake was - made in drawing this bond for title, and that the north half of the north-east quarter of section nine, was inserted, instead of the east half of the south east quarter of the same section. This reconciles the statements of both parties, and accords with the design of the purchase. It is easy to perceive how such a mistake might be made; the parties being, as it appears, at a place remote from the land, when the contract was made, and the writings executed, and having no map of the section before them…
2Cited by6 opinions
- Stone v. HaleSupreme Court of Alabama · 1850
- Williams v. HatchSupreme Court of Alabama · 1862
- Williams v. Mitchell's Adm'rSupreme Court of Alabama · 1857
- Robinson v. Cullom & Co.Supreme Court of Alabama · 1868
- Black v. Stone & Co.Supreme Court of Alabama · 1858
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