Deischer v. Price

Citations

• 148 Ill. 383
• 36 N.E. 105

Syllabus

<p>1. Mistake—correction, when mutual. On the death of a wife without issue, her brothers and sisters agreed with her husband to convey him a life estate in the land left by the deceased. The husband had a deed prepared which conveyed the fee, and the brothers and sisters executed the same without reading it, under the belief that it passed only a life estate: JBeld, that as the mistake was mutual a court of equity would reform the deed so as to make it conform to the intention of the parties.</p> <p>2. Same—induced by fraud—correction. If the grantee of land has the deed for the same prepared for execution, and a mistake occurs in making a conveyance of the fee instead of a life estate, and he knew of such mistake, and induced the grantors to execute the deed under a mistake as to its terms without informing them of the fact, his conduct will be such a fraud on the grantors as, coupled with the mistake he has led the grantors into, will authorize a decree reforming the deed.</p>