Code of Alabama

Ala. Code § 35-4-153 (2026)

Fraud or Mistake.

✓ official Alabama Legislature (ALISON) text, current July 2026

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When, through fraud, or a mutual mistake of the parties, or a mistake of one party which the other at the time knew or suspected, a deed, mortgage, or other conveyance does not truly express the intention of the parties, it may be revised by a court on the application of the party aggrieved so as to express that intention, insofar as this can be done without prejudice to rights acquired by third persons in good faith and for value.

(Code 1923, §6825; Code 1940, T. 47, §136.)

Notes of Decisions

Cited in 22 cases (5 in the last 5 years), 1978–2025 · leading case: U.S. Bank Nat'l Ass'n v. Shepherd, 202 So. 3d 302 (Ala. 2015).

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U.S. Bank Nat'l Ass'n v. Shepherd, 202 So. 3d 302 (Ala. 2015). · cites it 8× “” This Court has further explained that reformation of a deed or mortgage pursuant to § 35-4-153 is appropriate only’ when there is “[c]lear, convincing, and satisfactory” evidence indicating that the conveyance does not truly express the parties’ intent.”

A.M. Samara v. Thomas Keith Taylor, 38 F.4th 141 (11th Cir. 2022). “Our question, then, is whether Samara has alleged facts that, if taken as true, state a plausible claim of fraud or mistake under Alabama Code § 35-4-153. The district court found that he hadn’t, and we agree.”

First S. Bank v. Stanphill (In Re Stanphill), 312 B.R. 691 (Bankr. N.D. Ala. 2004). · cites it 2× “DISCUSSION Alabama Code § 35-4-153 (1975) provides that a court may reform a mortgage to correct a mutual mistake of the parties, as long as such relief will not prejudice a subsequent bona fide purchaser.”

Dudley v. Fridge, 443 So. 2d 1207 (Ala. 1983). · cites it 3× “” The second cause of action of the complaint, as amended, averred that “through fraud, mutual mistake of the parties, or a mistake of one party which the other party at the time knew or suspected,” (see Code 1975, § 35-4-153) the deed did not “truly express the intention of the…”

Miller v. Davis, 423 So. 2d 1354 (Ala. 1982). · cites it 2× “The applicable statute is Code of Ala. 1975, § 35-4-153, which provides: "When, through fraud, or a mutual mistake of the parties, or a mistake of one party which the other at the time knew or suspected, a deed, mortgage or other conveyance does not truly express the intention…”

Pullum v. Pullum, 58 So. 3d 752 (Ala. 2010). “"[Section 8-1-2 and § 35-4-153] enact into statutory law, in general terms, the law of reformation of instruments long existent.”

McClung v. Green, 1100218 (Ala. 6-17-2011), 80 So. 3d 213 (Ala. 2011). · cites it 4× “1990), we explained the law relevant to the reformation of deeds as follows: “Alabama Code 1975, § 35-4-153, provides that any person may sue to reform a deed, mortgage, or other conveyance that is based on fraud or mutual mistake.”

Odom v. Se. Supply Header, LLC, 675 F. Supp. 2d 1105 (S.D. Ala. 2010). · cites it 11× “) As grounds for this reformation argument, defendant invokes Alabama Code § 35-4-153, which provides in relevant part as follows: “When, through fraud, or a mutual mistake of the parties, .”

Simpson v. First Alabama Bank of Montgomery, N. A., 364 So. 2d 289 (Ala. 1978). · cites it 2× “§ 35-4-153, Code 1975, provides: “When, through fraud, or a mutual mistake of the parties, or a mistake of one party which the other at the time knew or suspected, a deed, mortgage or other conveyance does not truly express the intention of the parties, it may be revised by a…”

Bank of Gadsden v. Dixie Heating & Cooling Co., 425 So. 2d 491 (Ala. Civ. App. 1983). “Section 35-4-153, Code 1975, provides as follows: “When, through fraud, or a mutual mistake of the parties, or a mistake of one party which the other at the time knew or suspected, a deed, mortgage or other conveyance does not truly express the intention of the parties, it may…”

Reese v. Harris, 772 So. 2d 1193 (Ala. Civ. App. 2000). “Section 35-4-153 provides: “When through .”

Rodgers v. Rodgers, 988 So. 2d 1041 (Ala. Civ. App. 2007). · cites it 3× “Ann and Louie, however, argue that the evidence supported the trial court's reformation of the mortgage pursuant to Ala.Code 1975, § 35-4-153. That section provides: "When, through fraud, or a mutual mistake of the parties, or a mistake of one party which the other at the time…”

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