Miles v. Miles

Citations

• 84 Miss. 624

Syllabus

<p>1. Deeds. Description. Name of tract. Reformation. Evidence.</p> <p>A deed to a plantation describing the same by its well-known name, although reciting that it consisted of certain lands designated by government survey descriptions, aided by proof that the grantee, with the knowledge and consent of the grantor, entered into the possession of the lands which had previously passed as a part of the plantation, warrants the conclusion that the grantor intended to convey all of said lands and may be reformed so as to specifically include a part thereof not described therein by .survey descriptions.</p> <p>2. Same. Intentional use of mistaken terms.</p> <p>The description of land in a deed may be reformed so as to embrace the tract sought to be conveyed, although the parties intentionally used the terms of description as written in the deed, if they did so under the mistaken impression that they properly described the tract.</p> <p>3. Same. Consideration. Volunteers.</p> <p>The grantees in a deed, supported in part by a valuable consideration, are not mere volunteers, and are not precluded from having the deed reformed, although the entire consideration may not have been a valuable one.</p> <p>4. Same. Concrete case.</p> <p>Where a deed from a grantor to his son was a part of the transaction by which a family settlement was arranged and perfected, and the purchase by such' son of his brother’s interest was a part of the consideration moving the grantor to divide the property, a court of equity will reform the deed to effectuate the intention of the parties, as they occupied the position, of persons who had inherited the property, undertaken to divide it, and a mutual mistake had occurred. ,</p>