Lange v. Hammer
Supreme Court of Alabama
Appeal from Cullman Chancery Court. Heard before Hon. W. H. Simpson. Bill by J. C. P. Hammer against Robert Lange and another. Prom a decree holding the pleas insufficient, defendants appealed.
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Appeal from Cullman Chancery Court. Heard before Hon. W. H. Simpson. Bill by J. C. P. Hammer against Robert Lange and another. Prom a decree holding the pleas insufficient, defendants appealed. The bill alleges that complainant conveyed to Lange a certain parcel or lot of land, and that it was the intention to convey certain other lands, and that the misdescription of the land in the deed was caused either by a mistake of the complainant, combined with the fraud of said Robert Lange, or else by a mutual mistake of the parties to the deed, and that the said Elizabeth Lange had.knowledge of the…
1Opinion of the CourtSimpson, J.
— The bill in this case was filed by the appellee against the appellants to reform a deed so as to correct the description of the property conveyed. Each of the respondents filed a plea attempting to set up res judicata. The pleas were set down for hearing as to their sufficiency, and, from the decree holding said pleas insufficient, this appeal is taken.
The pleas are substantially identical. A party pleading res judicata must allege all facts necessary to make the defense complete. It must be shown that the former controversy was between the same parties, that the subject-matter was the…
2Cases cited4 opinions
- McCall v. JonesSupreme Court of Alabama · 1882
- Glasser, Kuder & Ottensosser v. MeyrovitzSupreme Court of Alabama · 1898
- DaCosta v. DibbleSupreme Court of Florida · 1898
- Pace v. DosseySupreme Court of Alabama · 1827
3Cited by6 opinions
- Goodman v. McMillanSupreme Court of Alabama · 1952
- Harbison v. CampbellSupreme Court of Alabama · 1912
- Haines v. CunhaSupreme Court of Alabama · 1927
- Yancey v. DenhamSupreme Court of Alabama · 1924
- Garth v. EwingSupreme Court of Alabama · 1928
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