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· 3/9/1907

Cox v. Beard

Citations

  • 75 Kan. 369
  • 89 P. 671
  • 1907 Kan. LEXIS 66

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Deeds — Reformation — Unilateral Mistake Induced by Fraud. The equitable remedy of' reformation is not limited to cases of mutual mistakes. Where mistake unmixed with fraud is the basis of the relief sought it must be a mistake common to both parties, but the remedy is available where, by the mistake of one party induced by the fraud of another, there is omitted from a deed land which it was stipulated should be conveyed and which the first party was led to believe was covered by the description written in the instrument.</p>

Judges: Johnston

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