Supreme Court of Alabama November 15, 1902 (Hodge v. McMahan)

SHARPE, J.

In general where one holds in hostility to another a writing which on .its face imports a valid obligation, but which is invalid by reason of extrinsic facts the evidence of which is in danger of being lost by delay in the assertion of claims, a court of equity will interfere to prevent, what might otherwise prove irreparable .injustice, by cancelling the writing. — Smith v.