Baldwin v. Christopher

Citations

• 75 Fla. 605
• 79 So. 339

Syllabus

<p>1. Equity will reform a written instrument where because of mutual mistake it does not contain the true agreement of the parties only when the proof is full and satisfactory as to the mistake.</p> <p>2. The right to the reformation of an instrument is not absolute, but depends on an equitable showing.</p> <p>3. While equity will reform a written instrument when by a mistake it does not contain the true agreement of the parties yet it will only do so when the mistake is plain and the proof full and satisfactory. The writing should be deemed to be the sole expositor of t'h'e intent of the parties until the contrary is established beyond reasonable controversy.</p> <p>4. Courts of equity view with disfavor suits brought long after the transactions in issue have occurred, and long after death has closed the lips of those familiar with the occurrences remote in point 'of time.</p> <p>5. In a suit for the reformation of a written instrument, when the evidence is conflicting and the finding of the chancellor thereon does not clearly appear to be erroneous, it will hot be disturbed on appeal.</p> <p>6. Where a deed of conveyance reserves from a tract of land conveyed jail the land above a stated number of acres, such 'reservation “to be taken.• from, the west,end of, said lands,” the reservation in the deed 'of conveyance will not be reformed so as to make it read “from the east end” instead of “from the west end,” where the parties to the conveyance and those who may'have'known of the 'circumstances of the transaction have long since died, and the evidence does not show beyond reasonable controversy that .a mutual mistake was in fact made by the parties to the conveyance in designating the location of the lands reserved.</p>