Kenney v. Parks

Citations

• 6 Cal. Unrep. 111
• 54 P. 251
• 1898 Cal. LEXIS 1065

Syllabus

<p>Reformation of Deed—Parties.—The Attorney Who is Alleged to have committed the fraud of making a deed conveying only a life estate, instead of a fee, is not a necessary party to an action to reform it.</p> <p>Reformation of Deed—Parties.—The Executors in Possession of the Property of deceased, as well as the legatees and devisees claiming it under Ms will, are properly parties to an action to reform his deed to make it convey a fee, instead of a life estate.</p> <p>Reformation of Deed—Pleading.—There is No Ambiguity Prejudicial to defendants in a complaint to reform a deed so as to convey a fee, instead of a life estate, in that in one place a mutual mistake is alleged, as though both parties were misled by the reading of the deed by the attorney, while in another place it is charged that the attorney and grantor, knowing that the grantee believed the deed to convey a fee, did not disclose the fact that it did not.</p> <p>Deeds of Husband and Wife to Take Effect After Death.—Deeds executed by husband and wife, conveying each to the other their separate properties, and delivered to a third person, with direction to record that of the person dying first, are not testamentary or revocable.1</p>