McAllister v. Richardson

Citations

• 103 Miss. 418
• 60 So. 570

Syllabus

<p>1. Reformation Op Instrument. Deeds. Equity. Mistake in description. Delivery. Presumption. Evidence.</p> <p>A court of equity has power to reform a deed so that it will conform to the real intention of the parties.</p> <p>2. Reformation of Deed. , Mistake in description.</p> <p>Where a party intending to convey by deed the only property which she owned, by mistake in copying the numbers of her land from a tax receipt conveyed other and different land, it was proper by a decree of a court of equity to correct such mistake.</p> <p>3. Deeds. Delivery. Presumption.</p> <p>The possession by a grantee of an unrecorded deed and its production on the trial by him is presumptive evidence of its delivery to him.</p> <p>4. Equity. Remanding to rules. Proof.</p> <p>. The power of the chancery court to remand a cause for further proof at any time before final decree, and in some eases after it, with or without the consent of parties, is one of the marked characteristics distinguishing it from a court of law and is one of its most salutary and beneficent powers.</p>