Tribble v. Wood
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard, before Hon. A. H. Benners. Bill by Eli Wood and others against George Tribble for partition of certain land. Decree for complainants, and respondent appeals.
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Appeal from Jefferson Chancery Court. Heard, before Hon. A. H. Benners. Bill by Eli Wood and others against George Tribble for partition of certain land. Decree for complainants, and respondent appeals. The bill alleges that complainants and respondent each owned an interest as tenants in common in the S. W. % of the S. W. %, section 34, township 16, range 2 W., the complainants owning a one-sixth undivided interest, and respondent owning an undivided five-sixths interest, and that said real estate cannot be equitably divided or partitioned. The respondent answered, admitting the first and…
1Opinion of the Court
SAYRE, J. —
This is a bill for sale for partition. In his cross-bill defendant averred that the respective interests of the parties were not in equity what they appeared to be on the face of their respective muniments of title, for the reason that the conveyances under which they held did not express the intention of the parties thereto. There is, however, no averment, nor any proof of such fraud, accident, or mutual mistake as would authorize reformation, and, unless and until reformed, these conveyances, so far as they are held operative at all, must be accepted as conclusive evidence of the…
2Cases cited2 opinions
- Ashe-Carson Co. v. BonifaySupreme Court of Alabama · 1906
- Francis v. WhiteSupreme Court of Alabama · 1910
3Cited by10 opinions
- Davis v. AndersonSupreme Court of Alabama · 1929
- Walker v. WallaceSupreme Court of Colorado · 1926
- Propst v. BrownSupreme Court of Alabama · 1948
- Burns v. LenoirSupreme Court of Alabama · 1930
- Becker Roofing Co. v. MehargSupreme Court of Alabama · 1931
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