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95 Ala. 467

Dexter v. Ohlander

Supreme Court of Alabama

Decided December 15, 1891

Supreme Court of Alabama · decided 1891-12-15

Heard before the Hon. John A. Foster The bill in this case was filed by B. P. Dexter against Aug. Ohlander, and sought an injunction against a judgment at law which the defendant had recovered against the complainant, and the reformation or cancellation of the written instrument on which said judgment was rendered. ' Said written instrument was dated August 27th, 1887, signed by said Dexter, and in these words : “I have received from Mr. A. Ohlander a relinquishment of his…

Relies on Turner v. Kelly · Campbell v. Hatchett

Good law ✅— No negative treatment on recordhow we know

Decided 1891-12-15

How this case has been cited

Cited by 15 later decisions — most recently August 1967

15 state decisions

5018911900191019201930194019501960decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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STONE, O. J.

¶1It requires very great particularity of averment, and very clear proof, to authorize the reformation of a written contract. — 1 Story’s Equity, § 152; (Campbell v. Hatchett, 55 Ala. 548 ; Turner v. Kelly, 70 Ala. 85.

¶2The answer is a full denial of every averment of the bill which tends to give it equity, and the chancellor did not err in dissolving the injunction. The suit, however, being-instituted to enjoin and “stay proceedings on a judgment at law,” the decree is imperfect in that it did not order and “require of the defendant a refunding bond,” according to the provisions of section 3531 of the Code of 1886. The decretal order of the chancellor is here corrected and amended, so as to require the defendant, Ohlander, to give a refunding bond with two sufficient sureties, in double the amount of the sum enjoined, as a condition precedent to the enforcement of said judgment; the bond to be payable and approved as required by the statute.

¶3Let the costs of this appeal be paid equally by appellant and appellee.

¶4Corrected and affirmed.

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