Sims v. Camp Creek School District

Citations

• 117 S.C. 461
• 109 S.E. 148

Syllabus

<p>1. Reformation op Instruments—Deed to School District Properly Reformed by Adding Forfeiture Clause.—Where a deed to a school district recited that the land was conveyed for the purpose of erecting a schoolhonse for white children, but it appeared that the district abandoned the school and threatened to sell the land, and that the intention of the parties was that in such case the land should revert, but that a clause to that effect was omitted through mutual mistake, held that reformation of the deed by adding such a clause was proper.</p> <p>2. Reformation of Instruments—Deed for School Purposes Held Not Voluntary.—As respects the right to reformation, a deed of land to a 'school district for the purpose of erecting a schoolhouse for white children was not voluntary, where grantor would secure a school on his land for the benefit of his own family, his tenants and his neighbors, thus enhancing the value of his land.</p>