Spencer v. Spencer

Citations

• 115 Miss. 71
• 75 So. 770

Syllabus

<p>1. Reformation of Instruments. Voluntary conveyances.</p> <p>The general rule that voluntary conveyances being without consideration gives • the grantee no right to reform without the consent of all parties, applies only in cases between'the donor and donee.</p> <p>2. Same.</p> <p>This rule does not apply to conveyances in execution of a family settlement.</p> <p>3. Same.</p> <p>Complainant, a voluntary grantee of his deceased mother, had the right to have the deed reformed as against his brother, also a voluntary grantee from his mother, where it clearly appears that through mistake the deed failed to carry out the intention of the donor.</p>