Williamson v. Carpenter

Citations

• 205 Pa. 164
• 54 A. 718
• 1903 Pa. LEXIS 538

Syllabus

<p>Equity — Mistake—Deed—Reformation of deed — E vidence.</p> <p>The evidence necessary to reform a deed on the ground of mistake, must be clear, precise and indubitable, of such character as would move a chancellor to reform a written instrument; not of such character as might induce a jury to reform it; and it must relate to the time when the instrument was executed.</p> <p>A father conveyed adjoining lots to his two sons, but not by an equal division of land. A grantee of one of the sons, after the death of the father alleged in an action of ejectment that the father made a mistake in the description of the respective deeds. There was evidence that the father, before the delivery of the deeds, by declarations to others expressed an intention exactly reversing the description in the conveyances to the two sons. There was also evidence that the sons after the conveyance occupied the property exactly as if the father had conveyed according to that expressed intention, but their occupation after the deeds was just the same as before the date of the deeds. Held, that the evidence was insufficient to reform the written instruments.</p>