Doyle v. Hollenback

Citations

• 121 Pa. 322
• 15 A. 616
• 1888 Pa. LEXIS 670

Syllabus

<p>1. A deed may not be reformed unless there is in the bill an averment of fraud, accident or mistake in the making of it, or of the facts from which me fraud, accident or mistake would necessarily be implied.</p> <p>2. Even with such averments properly pleaded, when the answer is responsive, it must stand until overcome by the testimony of two witnesses, or that of one witness and circumstances which are equivalent to the testimony of another.</p> <p>3. Where a bill to reform a deed was dismissed on demurrer because of the absence of sufficient averments of fraud, accident or mistake, or of facts from which the same was to be necessarily inferred, the dismissal is not a bar to relief upon a subsequent bill, though the first bill may be considered as showing an antagonistic position set up as the then ground of relief.</p> <p>4. Where a deed was made in pursuance of a prior executory agreement, and was submitted to counsel of the grantee for examination, prior to its acceptance, it must be presumed that the agreement was merged in the deed, and, after the death of the grantor and of the counsel, the deed will not be reformed in the absence of the clearest and most satisfactory evidence of fraud, accident or mistake.</p>