Briegel v. Moeller

Citations

• 82 Ill. 257

Syllabus

<p>1. Mistake—as to relative interest of grantees in a deed, will be corrected in equity. Where two persons purchase land of a third, one of the purchasers to take two-thirds of the land and the other one-third, but, by mistake, the seller conveys to them jointly, without specifying in the deed the portion that each is entitled to, and, afterwards, the one who purchased one-third conveys his interest in the land to the other, describing it as one-third thereof, a court of equity will correct the mistake in the deed, or compel a conveyance of the one-sixth, or difference between one-half, conveyed to him by mistake, and the one-third conveyed as all his interest.</p> <p>2. Parties—to a bill to reform a deed. Where the owner of land conveys all the interest he has to two purchasers, but makes a mistake as to the interest which each of the grantees is to take in the land, such grantor is not a necessary party to a bill in equity to correct such mistake.</p>