Goulding Fertilizer Co. v. Blanchard
Supreme Court of Alabama
Appeal from Covington Chancery Court. Heard before Hon. L. D. Gardner. Bill by W. ft. Blanchard against Goulding Fertilizer Company and others to reform a deed and mortgage and to enjoin the sale of a certain quarter section of land. From a decree overruling demurrers to the bill, respondents appeal.
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Appeal from Covington Chancery Court. Heard before Hon. L. D. Gardner. Bill by W. ft. Blanchard against Goulding Fertilizer Company and others to reform a deed and mortgage and to enjoin the sale of a certain quarter section of land. From a decree overruling demurrers to the bill, respondents appeal. The bill alleges that J. A. Prestwood and wife were indebted to O’Neal, Law & Co. in the sum of $8,625, and, in order to secure it, executed a mortgage on the 26th day of September, 1907, one secured thereby maturing October 1, 1908,. and the other maturing October 1, 1909; that, among other…
1Opinion of the CourtDowdell, C. J.
This is a bill by a purchaser at a foreclosure sale under power contained in the mortgage to correct a mistake in the description of land in the mortgage and in the deed under the foreclosure *302sale. The mistake is alleged to have been made by the draughtsman of the mortgage, and consisted in stating the wrong number of the range in which the land was situated. The bill was demurred to on the theory that the purchaser was a stranger and there was no privity in contract as to him, and that the doctrine of caveat emptor applied, and hence that he had no right to file a bill to correct the mistake…
2Cases cited1 opinion
- Greer v. WatsonSupreme Court of Alabama · 1911
3Cited by28 opinions
- Nelson Realty Co. v. Darling Shop of Birmingham, Inc.Supreme Court of Alabama · 1957
- Woodlawn Realty & Development Co. v. HawkinsSupreme Court of Alabama · 1914
- Mallory v. AgeeSupreme Court of Alabama · 1932
- Consumers Coal & Fuel Co. v. YarbroughSupreme Court of Alabama · 1915
- Moore v. MooreSupreme Court of Alabama · 1925
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