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112 Ala. 687

Dulo v. Miller

Supreme Court of Alabama

Decided November 15, 1896

Supreme Court of Alabama · decided 1896-11-15

Relies on Stone v. Hale · Prince v. Alabama State Fair · Turner v. Kelly

Decided 1896-11-15

¶1Appeal from the Chancery Court of Walker.

¶2Heard before the Hon. Thomas Cobbs.

¶3The appellees filed the bill in this case against the appellants on the 19th day of September, 1894, to correct an alleged mistake in, and to reform, a certain deed of conveyance to real estate, whereby certain lands described in the bill and exhibits thereto were conveyed *688by the complainants to the defendants ; and for a writ of injunction to restrain the defendants from further proceeding in an action for the breach of the warranty of title to said land, which was then pending in the circuit court of "Walker county, wherein the defendants to the bill were plaintiffs and the complainants were defendants .

¶4Upon the submission of the cause on the pleadings and proof, the chancellor decreed that the complainants were entitled to the relief prayed for and ordered accordingly. From this judgment the complainants appeal.

¶5In this court on the present appeal, it is held that it was shown by the evidence that there was a mistake in the deed, and that the complainants in the bill were entitled to the relief prayed for ; and further, that the fact that the defendants did or did not know at the time the deed was delivered to them — the mistake in the deed being established — that it contained a greater estate than that bargained for, is immaterial. — Stone v. Hale, 17 Ala. 562; Burnell v. Morris, 106 Ala. 346; Turner v. Kelly, 70 Ala. 85 ; Johnson v. Crutcher, 48 Ala. 368 ; Trapp v. Moore, 21 Ala. 697; 3 Brick. Dig. 358, §§ 379-381. Decree affirmed.

¶6Opinion by Haralson, J.

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