Bexley v. High Springs Bank

Citations

• 73 Fla. 422
• 74 So. 494

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 where the proof is full and satisfactory as to the mistake.</p> <p>2. The allegations of a bill for the reformation of an instrument should be clear and specific as to the mistake claimed to have been made by the parties to the instrument.</p> <p>3. Whether a mortgage executed by a married woman jointly with her husband to secure a debt' of the latter may be reformed upon the testimony of her husband or the creditor, questioned in view of the provisions of Section 1, Article XI, of the Constitution of Florida, 1885.</p> <p>4. Evidence examined and found insufficient to sustain the allegations of the bill as to a mistake of the parties concerning the description of lands contained in a mortgage.</p>