Jackson v. Magbee

Citations

• 21 Fla. 622

Syllabus

<p>1. The reformation of written instruments, when by mistake they express more or less than the parties intended, is a well established branch of equity jurisdiction.</p> <p>‘2. If the proof is not full and satisfactory, and the mistake plain, equity will not interfere ; for the writing should be deemed the sole expositor of the intent of the parties, until the contrary is established beyond reasonable controversy.</p> <p>8. When a bill for the reformation of the calls in a deed alleges that said deed contains calls for land which the grantor intended to convey, as well as calls for land which he never intended to convey, a plea setting forth that the grantor was the grantee’s tenant of a pa/rt of the land described in said deed, and paid rent therefor, is a bad plea and should be overruled.</p> <p>4. Where a deed describes the land conveyed by well defined metes and bounds, and states the number of acres contained therein, the more certain description by boundaries must govern the construction of the call; and both grantor and grantee, in the absence of fraud, ti^e the risk as to the quantity of the land.</p>