Major v. Ficklin

Citations

• 85 Va. 732
• 8 S.E. 715
• 1889 Va. LEXIS 86

Syllabus

<p>1. Equitable Jurisdiction and Relief—Mistake—Case at bar.—Husband contracts in writing to convey, with general warranty, his wife’s land, which was charged with an annuity. Shortly afterwards vendee accepts a deed from husband and wife without warranty. Vendee, having been compelled to discharge arrears of the annuity twenty-four years later, filed his bill against husband, alleging that the warranty had been omitted from the deed by mistake and without his knowledge, and praying for indemnity. Husband answered, denying the allegation. Case being heard on bill and answer without depositions ;</p> <p>Held :</p> <p>Equity can relieve against a mistake, but this relief will be granted in cases of written instruments only where there is a plain mistake clearly made out by satisfactory proof.</p> <p>2. Chancery Practice—Parties. —Wife and other of her alienees of land similarly charged with said annuity not being parties to the contract under which the liability is sought to be fixed upon the husband, it was not necessary to make them parties to the suit.</p>