Jones v. Bullington

Decision Date26 June 1981
Citation401 So.2d 740
PartiesStella M. JONES v. Melonae BULLINGTON, et al. 79-710.
CourtAlabama Supreme Court

Bryant F. Williams, Jr., Ozark, for appellant.

Joseph W. Adams of Steagall & Adams, Ozark, for appellees.

EMBRY, Justice.

Stella M. Jones filed this action seeking reformation of a deed and specific performance of a contract to convey lands. The defendants are heirs of J. B. Bright. Bright, prior to his death, delivered a deed to five acres of his land to Jones and contracted with her to convey his lands lying south of the public road running through the NW 1/4 of NW 1/4, Section 5, Township 6 North, Range 26 East, Dale County, Alabama, in consideration of Jones providing physical care of him during the remainder of his life.

The parties entered into a settlement which was dictated into the record. It provided for reformation of the deed and for an award to defendants of varying proportionate undivided interests in four acres of the land. Bright owned at his death lying south of the public road running through the NW 1/4 of NW 1/4, Section 5, Township 6 North, Range 26 East, Dale County, Alabama. The remainder of that property (T)he four acre parcel of land commencing at the eastern most point of the J. B. Bright lands which intersects the road and then running a sufficient number of feet back west along the south boundary of the south right of way line of the road a sufficient number of feet that when you go in a perpendicular manner to the back property line that a four acre parcel is carved from the lands ....

south of the road was to be awarded to plaintiff. The settlement described the four acre parcel awarded defendants as:

On Jones's motion for a register's deed the trial court ordered that a register's deed be executed and delivered to defendants conveying the following described land:

A parcel of land in Dale County, Alabama, and being more particularly described as follows: Beginning at the Northeast corner of the NW 1/4 of the NW 1/4 of Section 8, T6N, R26E, and thence S1o 39'29 E along the east line of said forty, 722.70 feet; thence N41o 54'42 W, 641.46 feet to the southerly side of the Public Paved Road leading from Wesley Chapel to Brown's Church (SACP 7202-A); thence N48o 05'18 E, along the southerly side of said road, 314.45 feet; thence N47o 54'35 E, along the southerly side of said road, 229.27 feet; thence S1o 39'29 E, 149.7 feet to the Point of Beginning. Said parcel being in the NW 1/4 of the NW 1/4 of Section 8, T6N, R26E, and the SW 1/4 of the SW 1/4 of Section 5, T6N, R26E, and containing 4.0 acres, more or less.

Parcel 2 in the sketch in Appendix B shows the land in this description.

The trial court's judgment provided that a register's deed be executed and delivered to plaintiff conveying 22 acres of land: that owned by Bright south of the road exclusive of the four acres discussed previously. Parcel 1 in the sketch in Appendix B shows this land.

The issues raised by Jones's appeal are: (1) Whether the trial court committed reversible error in construing the parties' settlement stipulation and as a result ordered a different four acre tract deeded to defendants than that provided for by the stipulation; and (2) whether the trial court erred in not setting aside the judgment entered on the settlement agreement on account of fraud or...

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5 cases
  • Transcontinental Title Co. Inc. v. Kerney
    • United States
    • Alabama Court of Civil Appeals
    • January 7, 2005
    ...53(a)(1) and (a)(2)(F), Ala. R.App. P.; Terry Cove N., Inc. v. Baldwin Cty. Sewer Auth., Inc., 480 So.2d 1171 (Ala.1985); Jones v. Bullington, 401 So.2d 740 (Ala.1981); and Mays v. Julian LeCraw & Co., 807 So.2d 551 (Ala.Civ.App. 2001). This case was transferred to this court by the supreme......
  • The Lem Harris Rainwater Family Tr. v. Rainwater
    • United States
    • Alabama Supreme Court
    • September 30, 2022
    ...2020). A settlement agreement is a contract. Billy Barnes Enters., Inc. v. Williams, 982 So.2d 494, 498 (Ala. 2007); Jones v. Bullington, 401 So.2d 740, 741 (Ala. 1981). Normally, a breach of a contract is a basis for a distinct legal claim in a lawsuit. However, when a settlement agreement......
  • Jones v. Ruth
    • United States
    • Alabama Court of Civil Appeals
    • September 11, 2009
    ...Ala.Code 1975, § 12-21-109). A settlement agreement is a contract and is to be construed like any other contract. See Jones v. Bullington, 401 So.2d 740, 741 (Ala.1981). A written release must be given effect according to its plain terms. Hartford Accident & Indem. Co. v. Cochran Plastering......
  • Ripp v. Burrell, CIVIL ACTION 17-0568-WS-B
    • United States
    • U.S. District Court — Southern District of Alabama
    • June 8, 2018
    ...agreement is a contract and subject to ordinary rules regarding the formation and enforcement of contracts. E.g., Jones v. Bullington, 401 So. 2d 740, 741 (Ala. 1981). A purported contract lacking mutuality of obligation is void. E.g., Macon County Greyhound Park, Inc. v. Knowles, 39 So. 3d......
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