Heffron v. Fogel

Citations

• 40 Wash. 698
• 82 P. 1003
• 1905 Wash. LEXIS 1052

Syllabus

<p>Reformation of Instruments — Deed—Division Line — Mistake— Burden of Proof — Evidence—Sufficiency. In order to reform a deed on the ground of mistake and misrepresentations of the vendors as to the boundary line, the proof must be clear and convincing, and is not sufficient, where three witnesses testify for the plaintiffs to the effect that the fractional part of the lots described in the deed was represented as coming to the line of a certain sidewalk, when in fact it fell two feet and nine inches short thereof, and four witnesses fof the defendants contradicted the plaintiffs’ evidence, and they were corroborated by the fact that the lines were known and marked, that the defendants could not have been mistaken and had no object in making such representations, as it was against their interests to do so, and would leave them a narrow strip of useless land upon the other side of the parcel conveyed.</p>