Pulaski Iron Co. v. Palmer

Citations

• 89 Va. 384
• 16 S.E. 275
• 1892 Va. LEXIS 110

Syllabus

<p>1. Equity Jurisdiction—Reformation of deed—Mistake.—A deed or other instrument may be reformed when, through mistake or accident, it does not accurately represent the agreement; but the mistake must be made out by the clearest and most satisfactory testimony. Carter v. McArtor, 28 Gratt., p. 856.</p> <p>2. Idem—Case at bar.—The bill alleged that complainant had orally purchased from defendant all the minerals in certain land, except lead and zinc; that defendant had altered the deed, after it had been sent to him for execution, by limiting the interest conveyed to the iron ore, without complainant’s knowledge, until after the deed had been recorded, and just before suit brought. A letter from defendant to complainant, within a week after the contract and before the deed was executed, stated that he understood the agreement to cover all the minerals in the land, reserving to himself all the lead and zinc.</p> <p>Held :</p> <p>Complainant is entitled to a reformation of the deed.</p>