Burch v. Driver
Supreme Court of Alabama
Appeal from Circuit Court, Geneva County; H. A. Pearce, Judge. Bill by J. A. Driver against Alto Burch and wife to reform a deed and a mortgage, and to foreclose. Decree for complainant, and respondents appeal.
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Appeal from Circuit Court, Geneva County; H. A. Pearce, Judge. Bill by J. A. Driver against Alto Burch and wife to reform a deed and a mortgage, and to foreclose. Decree for complainant, and respondents appeal. The bill sets up the sale by complainant to respondent of 160 acres of land and a mortgage from respondent to complainant to secure the purchase money, and alleges that complainant put respondent in possession of the land actually sold, but that, through mutual mistake, inadvertence, or oversight, both the deed and the mortgage misdescribed 80 acres of land, in that it was placed in…
1Opinion of the CourtBrown, J.
This bill is filed by appellee against appellants to reform a deed to certain lands sold by the appellee to the appellants, and mortgage executed by appellants to appellee to secure the purchase money, by correcting an error in the description of the land embodied therein, and to foreclose the mortgage on the lands and the crops grown by respondent in the year 1919. On application to the register, in vacation, a receiver was appointed to take charge of and gather the crops and hold them subject to the further orders of the court, and from this order of the register the respondent appealed to…
2Cases cited21 opinions
- State ex rel. Saunders v. KohnkeSupreme Court of Louisiana · 1903
- Citizens' National Bank v. JudyIndiana Supreme Court · 1896
- Kelly's Heirs v. AllenSupreme Court of Alabama · 1859
- Williams v. HamiltonSupreme Court of Iowa · 1898
- McLemore v. MabsonSupreme Court of Alabama · 1852
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3Cited by12 opinions
- American-Traders' Nat. Bank v. HendersonSupreme Court of Alabama · 1931
- Ballentine v. BradleySupreme Court of Alabama · 1938
- Atlas Assur. Co. v. ByrneSupreme Court of Alabama · 1938
- McCaskill v. TooleSupreme Court of Alabama · 1928
- Gould v. FrazierIdaho Supreme Court · 1930
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