Weathers v. Hill
Supreme Court of Alabama
Appeal from the Chancery Court of Randolph. Heard before the Hon. S. K. McSpadden. The bill in this ease was filed on the-day of-, 18 — , by the appellee, I. G. Hill, against the appellant, J. T. Weathers. The prayer of the bill was that a deed made by one Pittman and wife to the respondent might be reformed, and the same removed as a cloud on the complainant’s title.
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Appeal from the Chancery Court of Randolph. Heard before the Hon. S. K. McSpadden. The bill in this ease was filed on the-day of-, 18 — , by the appellee, I. G. Hill, against the appellant, J. T. Weathers. The prayer of the bill was that a deed made by one Pittman and wife to the respondent might be reformed, and the same removed as a cloud on the complainant’s title. The bill alleged, and it was proved, that in October’, 1874, said Pittman and wife sold to the respondant, J. T. Weathers, a certain tract of land; that in making the conveyance thereto, the draughtsman made a mistake in the…
1Opinion of the Court
WALKER, J.-
It is well settled that the reformation df a conveyance, or other written instrument, because of an alleged mistake therein, Will not be decreed unless such mistake is fully and satisfactorily shown by clear and distinct proof. Marsh v. Marsh, 74 Ala. 418; Guilmartin v. Urquhart, 82 Ala. 570; 1 Brickell’s Digest, 358. Though much of what was .said by the witnesses in this case must be discarded as irrelevant and incompetent evidence, and though it is impossible to reconcile the conflicts in the testimony, still, after carefully going through the evidencie, and sifting out such of…
2Cases cited9 opinions
- Grimes v. SandersSupreme Court of the United States · 1876
- Hodges v. DennySupreme Court of Alabama · 1888
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- Prewitt v. AshfordSupreme Court of Alabama · 1890
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