Camper v. Rice
| Decision Date | 09 May 1918 |
| Docket Number | 8 Div. 75 |
| Citation | 78 So. 923,201 Ala. 579 |
| Parties | CAMPER v. RICE. |
| Court | Alabama Supreme Court |
Appeal from Circuit Court, Lauderdale County; C.P. Almon, Judge.
Bill by S.D. Rice against Minnie B. Camper to reform a deed. From a decree for complainant, respondent appeals. Affirmed.
Ashcraft & Bradshaw, of Florence, for appellant.
R.T Simpson, of Florence, for appellee.
Bill filed by appellee, seeking a reformation of a certain deed executed to the appellant on August 19, 1916, upon the theory that the property therein attempted to be conveyed was incorrectly described, as a result of a mutual mistake.
The rule is well established in this state that, in the exercise of this jurisdiction, the court proceeds with utmost caution as it involves the invasion of a salutary rule of evidence and that before relief will be granted if must be shown by clear, exact, and satisfactory proof "that the mistake exists; that the writing deviates from the intention and understanding of both parties at the time of its execution." Campbell v. Hatchett, 55 Ala. 551. See, also, Hammer v. Lange, 174 Ala. 337, 56 So. 573; Turner v. Kelly, 70 Ala. 85; Guilmartin v. Urquhart, 82 Ala. 570, 1 So. 897; Hertzler v. Stevens, 119 Ala. 337, 24 So. 531; Keith v. Woodruff, 136 Ala. 443, 34 So. 911; 3 Mayf. 226, et seq.; 34 Cyc. 915-22.
There is no averment of fraud or inequitable conduct on the part of the respondent, and we are therefore here concerned only with the question of mutuality of mistake.
We further recognize the rule that, in cases of this character, there is not only required very clear proof, but also great particularity of averment, to authorize the reformation of a written contract. Dexter v. Ohlander, 95 Ala. 467, 10 So. 527.
We are of the opinion that, while the bill may not be entirely free from criticism when viewed with a critical eye in the light of the strict rules required in cases of this character, yet it in substance has met the requirements of the rule, and was therefore not objectionable as against the assignments of demurrer interposed thereto. The rule is well settled that pleadings are to be construed most strongly against the pleader, yet as was said by this court in Warren v. Crow, 195 Ala. 568, 71 So. 92, the language used should be given a reasonable construction, and the bill of course construed as a whole.
The bill clearly shows the lot intended to be sold, and that intended to be purchased by the respondent; that the property as described in the third paragraph of the bill, and so intended to be sold, was the only lot to which the complainant had a fee-simple title....
To continue reading
Request your trial
-
Ingram v. People's Finance & Thrift Co. of Alabama, 6 Div. 197.
...Co. v. Deasey, 212 Ala. 528, 103 So. 470; Cox v. Bates, 215 Ala. 5, 109 So. 108; Acuff v. Rice, 224 Ala. 54, 139 So. 91; Camper v. Rice, 201 Ala. 579, 78 So. 923; v. Barnett, 208 Ala. 295, 94 So. 338. It is averred in the instant bill that the principal complaint against the respondents is ......
-
U.S. Guarantee Co. v. Harrison & Owen Produce Co.
...142 So. 41; National Union Fire Ins. Co. v. Lassetter, 224 Ala. 649, 141 So. 645; Warren v. Crow, 195 Ala. 568, 71 So. 92; Camper v. Rice, 201 Ala. 579, 78 So. 923; Welsh v. Neely et al., 187 Ala. 222, 65 So. Miller et al. v. Morris et al., 123 Ala. 164, 27 So. 401. The rule as to the revis......
-
National Union Fire Ins. Co. v. Lassetter
...... requirements of the rule, though viewed with a critical eye. it is not free from criticism. The cases of Camper v. Rice, 201 Ala. 579, 78 So. 923, Warren v. Crow,. 195 Ala. 568, 71 So. 92, and Eastis v. Beasley, 214. Ala. 651, 108 So. 763, sustain this ......
-
Flagg v. Florence Discount Co.
...that pleadings, on demurrer, must be construed most strongly against the pleader. Warren v. Crow, 195 Ala. 568, 71 So. 92; Camper v. Rice, 201 Ala. 579, 78 So. 923; Gulf States Steel Co. v. Carpenter, 205 Ala. 162, So. 580; Southern Ry. Co. v. Wright, 207 Ala. 411, 92 So. 654. We must assum......