McLennan v. Johnston

Citations

• 60 Ill. 306

Syllabus

<p>1. Mistake — misdescription óf lands conveyed. When lands, verbally agreed to be sold, are found misdescribed, or other lauds are described instead, a court of chancery will order a proper conveyance.</p> <p>2. Pabol evidence is competent to fix the intention, of parties.</p> <p>3. Statute op frauds. The fact that the intention of parties is shown by parol evidence of the original agreement, does not bring the case within the statute of frauds, when the proceeding seeks, not the specific performance of an executory contract, but the correction of a mistake in an executed contract.</p> <p>4. And parol evidence may he received to show a mistake in a written instrument, whether required by the statute of frauds to be in writing or not.</p> <p>5. ÍToit-joinder — parties. A grantee who, having title by a wrong description, sells a portion of his purchase, following the erroneous description, must, in seeking relief against his own grantor, make his own grantee a party defendant. Omission to do so is fatal.</p> <p>6. Kb-conveyance. He should also tender a reconveyance, and the court, in decreeing the correction of the original error by a new deed, should require him to return the title he erroneously received.</p>