Dunbar v. Newman

Citations

• 46 Miss. 231

Syllabus

<p>1. CHANCERY — JURISDICTION — MISTAKE IN WRITTEN INSTRUMENTS — paroi, evidence. —A court oí equity has jurisdiction to grant relief on account of a mistake of facts in written contracts, whether executed or execu-tory. Nor is it an objection to granting such relief, that the mistake is made manifest by parol evidence, if the proof be clear and satisfactory.</p> <p>2. Same — SAME — SAME — WHAT MUST BE MADE TO APPEAR TO OBTAIN DECREE TO reform writing. — To warrant a decree to reform an instrument it must be made manifest, by allegation, what was the agreement to which the parties consented, and in what the mistake consists. The writing must be accepted as the complete evidenco of the agreement until it is shown that, by accident, fraud or mistake, it omits something it should contain, or includes something which ought to be left out.</p> <p>3. SAME —SAME —SAME — ASSIGNEE OR HEIR OP PARTY ENTITLED TO RELIEF on account op mistake — Where a party to a written contract is entitled to a decree to reform it because of mistake, the assignee of the interest of such party is in privity of estate with him and entitled to a like decree, and so of the heir of such party, where the subject-matter of the contract is real estate.</p> <p>A Same — same — same —case under consideration. — D. owned two tracts of land, designated as the “Alloway Place ” and “ Wakefield.” The west half of a certain section was divided between these places, the north half belonging to “ Wakefield,” and the south half to the other. D. mortgaged the “Alloway Place,” but, by mistake, embraced in the deed the north half of the section, as well as the south half. Afterward the wife of “D.” became purchaser of “ Wakefield,” but, by mistake, in drawing the deed to her, the south half of said west half was inserted, instead of north half, which was intended: Held, she was entitled to relief, as against the mortgage, if she could show tho mistake as to the north half, omitted in the deed to her, and also that it