Woodlawn Realty & Development Co. v. Hawkins
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by tbe Woodlawn Realty & Development Company against J. David Hawkins and others, to reform a certain deed' as to description. Decree sustaining demurrer to the bill and complainant appeals. Tbe appellant is not barred by laches nor staleness of demand. — 18 A. & E. Enc. of Law, 124; Glements v. Gow, in MSS.
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Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by tbe Woodlawn Realty & Development Company against J. David Hawkins and others, to reform a certain deed' as to description. Decree sustaining demurrer to the bill and complainant appeals. Tbe appellant is not barred by laches nor staleness of demand. — 18 A. & E. Enc. of Law, 124; Glements v. Gow, in MSS. Under tbe well known rules of construction, tbe deed from Hawkins to Brown really conveys tbe land as described in tbe second paragraph of tbe bill of complaint. — 5 Cyc. 867; Grmiton v. Prince, '83 Ala. 246;…
1Opinion of the Court
GARDNER, J. —
Appellant filed its original bill against tbe respondents, seeking a correction of description of tbe property in a certain deed executed by Samuel L. Hawkins to one L. S. Brown on August 10, 1885. Upon demurrer to tbe original bill being sustained, tbe *236bill was amended; its chief purpose, as before being the reformation of said deed. The chancellor sustained the demurrer to the bill as- amended, and from this decree the appeal is prosecuted.
All of the_respondents save one (Burr Nabers) are devisees under the will of the said Samuel L. Hawkins, the bill alleging that any interest…
2Cases cited15 opinions
- Simmons Creek Coal Co. v. DoranSupreme Court of the United States · 1892
- Fowler v. Alabama Iron & Steel Co.Supreme Court of Alabama · 1910
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- Goulding Fertilizer Co. v. BlanchardSupreme Court of Alabama · 1912
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3Cited by32 opinions
- Craig v. RootSupreme Court of Alabama · 1946
- Peters Mineral Land Co. v. HooperSupreme Court of Alabama · 1922
- Sims v. RigginsSupreme Court of Alabama · 1917
- Wells v. WellsSupreme Court of Alabama · 1947
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