Sparks v. Pittman

Citations

• 51 Miss. 511

Syllabus

<p>1. Chancery Jurisdiction: Mistake of law. Power to reform.</p> <p>The rule that equity will not relieve against mistakes of law is not absolute. Relief from the consequences of an agreement formed upon a misapprehension of the law will not for that reason alone be granted. But if a deed, or instrument, is executed, and by reason of misappre- . hension of its legal effect, fails to effectuate or conform to the agreement, a court of equity will relieve.</p> <p>2. Same : Same : Case in judgment.</p> <p>On February 1,1873, P. executed a deed of trust in favor of S. to secure payment of a debt due November, 1873. Upon failure to pay, it was agreed between P. and S., in order to avoid a sale, that S. should take • the property bound, upon an agreed valuation. P. accordingly delivered the personalty and executed a deed to the lands, whicli was his homestead. Afterwards P. refused to surrender possession, claiming the last deed to be void, under act of April, 1873, for reason of the failure of the wife to join in the conveyance. Held, that S. was entitled to have the deed of trust restored, P. having failed to effectuate and perform his agreement to satisfy the same, by making a good and valid title to the lands conveyed.</p>