When, through fraud, or a mutual mistake of the parties, or a mistake of one party which the other at the time knew or suspected, a deed, mortgage, or other conveyance does not truly express the intention of the parties, it may be revised by a court on the application of the party aggrieved so as to express that intention, insofar as this can be done without prejudice to rights acquired by third persons in good faith and for value.
Ala. Code § 35-4-153
Fraud or Mistake.
Applied in 3 court decisions — leading case A.M. Samara v. Thomas Keith Taylor (2022)
Most recently applied in A.M. Samara v. Thomas Keith Taylor (June 2022)
(Code 1923, §6825; Code 1940, T. 47, §136.)
Official source: Alabama Legislature (ALISON). Reproduced from public-domain Alabama statutes; confirm against the official source for the current text. Not legal advice.