Stacey v. Walter

Supreme Court of Alabama
Stacey v. Walter, 125 Ala. 291 (Ala. 1899)
McClellan

Stacey v. Walter

Opinion of the Court

McCLELLAN, C. J.

Por the rest, we do not find in the bill any averment of a mistake of fact conducing to the execution of the deed or any fraud in the procuration of its execution, which would justify a court of equity in decreeing its cancellation. To the contrary the averments of the *297bill are unmistakeably clear to the exclusion of all mistake of fact and to the conclusion that the conveyance was executed in precise accordance with the intention of all the parties; all the facts and circumstances being known to them and consciously before them at the time. And so in respect of fraud: No misrepresentation of fact is averred, but only that the respondent-grantees jiromised orally at the time the deed was executed to cancel and destroy it a year afterwards, and that they have failed to so cancel and destroy the instrument. It is not even averred that they had no intention of complying with this promise when it was made, or made it with false and fraudulent intent. The case made in this regard, therefore, is essentially one for the enforcement of a contemporaneous parol agreement or understanding to the destruction of the duly executed deed of the complainants; and no more in equity than at law can any relief be predicated upon such a state of facts.' — Ware v. Cowles, 24 Ala. 446; 2 Pom. Eq. Jur. § 854 and note.

The decree of the city court sustaining the demurrer to the bill must be affirmed.

Affirmed.

Reference

Cited By
7 cases
Status
Published