Sellers, Bullard & Co. v. Grace
| Court | Supreme Court of Alabama |
| Citation | 150 Ala. 181,43 So. 716 |
| Parties | SELLERS, BULLARD & CO. v. GRACE ET AL. |
| Decision Date | 20 April 1907 |
43 So. 716
150 Ala. 181
SELLERS, BULLARD & CO.
v.
GRACE ET AL.
Supreme Court of Alabama
April 20, 1907
Appeal from Chancery Court, Geneva County; W. L. Parks, Chancellor.
Bill by W. S. Grace and another against Sellers, Bullard & Co. From a decree for plaintiffs, defendants appeal. Reversed and remanded.
W. O. Mulkey and C. D. Carmichael, for appellants.
Espy & Farmer, for appellees.
HARALSON, J.
The bill in this case was to reform a lease or deed, set out as Exhibit A,--to correct a mistake therein,--alleged to have been committed on the appellees, by the fraud of the defendants, acting through one of their number, W. B. Sellers, or to cancel and declare void the said deed. The contract of lease or sale, recites that, "for and in consideration of the sum of $245 to us in hand paid by Sellers, Bullard & Co., we hereby bargain and sell to Sellers, Bullard & Co., their heirs and assigns, for a period of ten years, from the date hereof, all the growing timber of all kinds, sizes and descriptions whatever upon the following described lands in Geneva county, to wit: [Describing the lands.] * * * We hereby giving, granting, bargaining, selling and conveying unto the said Sellers, Bullard & Co., their heirs and assigns during the said named ten years, the right and privilege of using and operating any part or all of said timber for turpentine purposes, or any other purpose during the whole or any part of said ten years, together with the right to cut and remove at any time during said term, all or any portion of said timber, * * * it being the purpose and interest (intent) of this conveyance to clothe the said named grantees, their heirs and assigns, with as full and complete title and ownership of all the growing trees of all kinds and descriptions on said lands, for the period named, as of the entire fee to said lands hereby conveyed."
The lease or deed was acknowledged, in due form, by said Grace and wife, before J. W. Pridgen, notary public and ex officio justice of the peace, both acknowledging that they were informed of the contents of the conveyance, and executed the same voluntarily on the day the same bears date. The wife was afterwards examined separate and apart from her husband, and stated that she signed the same of her own free will and accord, without fear, constraint, threats or persuasion of her husband.
The bill alleges in its fourth paragraph, that the grantors did agree and sell to the defendants, the merchantable log timber,...
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Vizard v. Robinson
...Bank of Attalla, 153 Ala. 352, 357, 45 So. 219, 221; Chattanooga Nat. B. & L. Asso. v. Vaught, 143 Ala. 389, 39 So. 215; Sellers v. Grace, 150 Ala. 181, 43 So. 716; Griffith v. Ventress, 91 Ala. 366, 374, 375, 8 So. 312, 11 L.R.A. 193, 24 Am.St.Rep. 918; Amer. Mtg. Co. v. Thornton, 108 Ala.......
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Gilley v. Denman
...v. McGuire, 67 Ala. 34; Moog v. Strang, 69 Ala. 98; Grider v. A.F.L.M. Co., 99 Ala. 281, 12 So. 775, 42 Am.St.Rep. 58; Sellers v. Grace, 150 Ala. 181, 43 So. 716; Russell v. Holman, 156 Ala. 432, 47 So. 205. The special charges referred to do not include any instruction to the jury as to th......
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Coleman v. State
...to the defendant the right to be informed of the nature and cause of the accusation against him. This is not a new question, and has been [43 So. 716.] long ago, and repeatedly, since, determined against the contention of appellant. Noles v. State, 24 Ala. 672; Mayo v. State, 30 Ala. 32; Co......
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White v. Henderson-Boyd Lumber Co.
...that the true and common agreement and intent was as the bill asserts. A very similar controversy was reviewed here in Sellers v. Grace, 150 Ala. 181, 43 So. 716, and reformation was denied. The decree is affirmed. Affirmed. DOWDELL, C.J., and SIMPSON and MAYFIELD, JJ., concur. ...
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Vizard v. Robinson
...Bank of Attalla, 153 Ala. 352, 357, 45 So. 219, 221; Chattanooga Nat. B. & L. Asso. v. Vaught, 143 Ala. 389, 39 So. 215; Sellers v. Grace, 150 Ala. 181, 43 So. 716; Griffith v. Ventress, 91 Ala. 366, 374, 375, 8 So. 312, 11 L.R.A. 193, 24 Am.St.Rep. 918; Amer. Mtg. Co. v. Thornton, 108 Ala.......
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Gilley v. Denman
...v. McGuire, 67 Ala. 34; Moog v. Strang, 69 Ala. 98; Grider v. A.F.L.M. Co., 99 Ala. 281, 12 So. 775, 42 Am.St.Rep. 58; Sellers v. Grace, 150 Ala. 181, 43 So. 716; Russell v. Holman, 156 Ala. 432, 47 So. 205. The special charges referred to do not include any instruction to the jury as to th......
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Coleman v. State
...to the defendant the right to be informed of the nature and cause of the accusation against him. This is not a new question, and has been [43 So. 716.] long ago, and repeatedly, since, determined against the contention of appellant. Noles v. State, 24 Ala. 672; Mayo v. State, 30 Ala. 32; Co......
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White v. Henderson-Boyd Lumber Co.
...that the true and common agreement and intent was as the bill asserts. A very similar controversy was reviewed here in Sellers v. Grace, 150 Ala. 181, 43 So. 716, and reformation was denied. The decree is affirmed. Affirmed. DOWDELL, C.J., and SIMPSON and MAYFIELD, JJ., concur. ...