Greer v. Watson
Supreme Court of Alabama
Appeal from Geneva Chancery Court. Heard before Hon. L. D. Gardner. Bill by J. TV. Watson against P. E. Greer and others, to reform a mortgage. From a decree overruling demurrer to the bill, respondents appeal.
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Appeal from Geneva Chancery Court. Heard before Hon. L. D. Gardner. Bill by J. TV. Watson against P. E. Greer and others, to reform a mortgage. From a decree overruling demurrer to the bill, respondents appeal. The bill alleges that orator bought 'at a mortgage foreclosure sale under a mortgage executed by Greer and wife to one A. J. Tew; that under the power Tew made orator a deed, and that the lands in the mortgage and the deed were improperly described as the N. E. % of the N. E. 1/4, section 24, township 2, range 24, while it should have described the land as the N. W. % of the N. E. 14,…
1Opinion of the CourtDowdell, C. J.
There can be no question of the right of a subvendee to maintain a bill in equity to correct a mistake in the description of land made in the conveyance by the first grantor.—Weathers v. Hill, 92 Ala. 492, 9 South. 412; Tillis v. Smith, 108 Ala. 267, *33719 South. 374. This principal applies also to a purchaser at foreclosure sale under power in the mortgage.-Lester v. Johnston, 137 Ala. 194, 33 South. 880; Jones v. McNeally, 139 Ala. 379, 35 Suth. 1022, 101 Am. St. Rep. 38; Greene v. Dickson, 119 Ala. 346, 24 South. 422, 72 Am. St. Rep. 920.
Although the hill shows that the purchase price hid at…
2Cases cited9 opinions
- Mewburn's Heirs v. BassSupreme Court of Alabama · 1886
- Cooper v. HornsbySupreme Court of Alabama · 1881
- Jones v. McNealySupreme Court of Alabama · 1903
- Greene v. DicksonSupreme Court of Alabama · 1898
- Durden v. WhetstoneSupreme Court of Alabama · 1890
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Goulding Fertilizer Co. v. BlanchardSupreme Court of Alabama · 1912
- Moore v. MooreSupreme Court of Alabama · 1925
- Bagley v. BagleySupreme Court of Alabama · 1921
- Gillen v. PoweCourt of Appeals for the Fifth Circuit · 1915
- Goulding Fertilizer Co. v. BlanchardSupreme Court of Alabama · 1912
2 more not listed; retrieve them via the Exa API.