Williams v. American Ass'n

Citations

• 197 F. 500
• 118 C.C.A. 1
• 1912 U.S. App. LEXIS 1301

Syllabus

<p>1. Appeal and Ebbob (§ 1111*) — Decision as Law of Case — Identity op Questions in Issue.</p> <p>A decision on demurrer, by an appellate court on the facts alleged in the bill is an adjudication of the rights of the parties to that extent where the proof sustains such allegations, but not where it is materially different.</p> <p>[Ed. Note. — For other cases, see Appeal and Error, Cent. Dig. §§ 4411-4420; Dec. Dig. § 1111.*] ■</p> <p>2. Repoemation op Instbuments (§ 19*) — Deed—Mutual Mistake in DbSCEIPTTON.</p> <p>Defendant contracted to sell to complainant’s grantor a tract of land described as being that covered by a grant from the state, giving the number and date of the grant, the quantity, and the name of the grantee, from whose heirs defendant had purchased it. Neither party knew the boundaries, and it was agreed that it should be surveyed and paid for by the acre. The survey was made from the description in the grant, but because of an error in one .of the calls therein given the land was not correctly located, and the survey, in fact, embraced only about two acres ot the grant as originally surveyed on the ground. The description in the deed given followed the survey. The grant was included within' the boundaries of a larger, but later, grant, also purchased by complainant, which desired this grant to complete its title to the larger tract. Hela that, while the description in the deed was that intended, through a mutual mistake of fact it was not of the land intended to be sold and purchased, and that complainant was entitled to have the deed reformed so as to cover the land intended.</p> <p>[Ed. Note. — For other cases, see Reformation of Instruments, Cent. Dig. §§ 74-78; Dee. Dig. § 19.*]</p> <p>3. Reformation of Instruments (§ 17*) — Deed—Right to Maintain Suit.</p> <p>The fact that a deed contains a warranty only against parties claiming under the grantor does not affect the right of the grantee to maintain a suit to reform a prior deed in his chain o