Lisle v. Quinlan

Citations

• 72 Wash. 493
• 130 P. 902
• 1913 Wash. LEXIS 1498

Syllabus

<p>Refokmation of Instbuments — Descbiption—Mistake—Intent— Evidence — Sufficiency. Findings that a contract to convey “all ground covered by 3 buildings” at a certain street number, subject to a mortgage, should be reformed to include a six-foot way to the west of the buildings on which there was a walk, are sustained, where it appears that the mortgage assumed by the grantee covered that portion of the lot, the balance of the lot retained by the grantor being subject to other liens and held as a separate property, that the grantor made statements at the time that the contract included all the portion of the lot covered by the mortgage, and that the walk to the west had the appearance of being constructed for the use of the buildings and was attached thereto, and the fact that such tract was in a sense one piece of property.</p> <p>■ Costs — Pasties Liable — Husband and Wife — Joint Liability. In an action for reformation, the husband of the defendant in interest cannot object that costs were awarded against the defendants jointly, where he answered jointly with his wife and did not disclaim interest.</p>