Campbell v. Glazier

Citations

• 61 Wash. 520
• 112 P. 490
• 1911 Wash. LEXIS 1112

Syllabus

<p>Reformation of Instruments — Mutual Mistake — Evidence— Sufficiency. While a deed will not be reformed upon the ground of mutual mistake in the description unless the evidence is clear, the courts will take into consideration any and all facts showing the real intention of the parties; and a deed of a lot will be reformed so as to exclude any portion of an abutting street, then in possession of the vendor, the vacation of which was pending, where such was the intent, as shown by the evidence and the fact that the vendor by agreement removed a building from the lot sold across the line onto the disputed property.</p>