37 Ala. 425 | Ala. | 1861
The main object of the bill was, to reform a deed of conveyance for land, so as to include certain lands which, by mistake, were omitted therefrom, and to exclude certain other lands which, by a like mistake,
The bill alleges, also, that the entire tract of land included in the purchase — that which was intended to be embraced in the deed, and the quarter-section for which the intestate executed 'only his title-bond — amounted to two thousand and fourteen 19-100 acres, for the whole of which the complainant was to pay the round sum of $29,000 ; that a part of this amount was to be paid by the complainant in disclwge of-the intestate’s liability for the said quarter-section, fox which a title-bond only was executed, because the intestate had never paid any part of the purchase-money for it, and the balance was to be paid to the intestate himself; and that the amount which the intestate owed on account of -said quarter-section, and which the complainant thus agreed to pay, “ was estimated, according to his best recollection, to be about $6,0.05,” leaving a -balance of $22,995 to be paid to the intestate himself. The answer admits, that the complainant purchased of the 'intestate the lands specified in the bill, amounting in all 'to vtwo thousand and fourteen 19-100 acres; but denies the allegation that the agreed price was the round sum of : $29,000, and asserts that the agreed price was $1-5 per acre, which would make the total purchase-money $30,212 50, ox $1212 50 more than the sum alleged in the bill.
The proof clearly shows, that the land was sold at $15 ,per acre, as stated in-the answer, and not for the round sum of $29,000, as alleged in the bill. Estimating tbe
The complainant offered, in bis bill, to pay “the balance of said purchase-money due for said landsmeaning .thereby, as tbe chancellor properly held, the balance of $29,000, which he alleged to be the amount of the purchase-money ; and tbe decree of the chancellor was, that, on his doing so, the deed should be so reformed as to include the west half of the north-west quarter of section twenty-two, and to exclude the west half of the north-west quarter of section thirty-two; but, as to the west half of .the .nortli-east quarter of section tioenty-eight, left out of
The decree .is reversed, and' the cause remanded.