Young v. Jones

Citations

• 72 Wash. 277
• 130 P. 90
• 1913 Wash. LEXIS 1446

Syllabus

<p>Reformation of Instruments — Mutual Mistake — Evidence—Sufficiency. Equity will reform a deed where the evidence of a mutual mistake is clear and convincing, and the evidence is sufficient that a warranty deed, excepting a mortgage which the “first” party assumed to pay, was so written by mutual mistake, where every witness present when the deal was consummated contradicted the evidence of the grantee that he did not assume it, and corroborated the preliminary written agreement of the parties (Fullerton, J., dissenting).</p> <p>Equity — Laches—Reformation of Instruments — Delay. A delay of three years in bringing action will not defeat the right to reform a deed which by mutual mistake provided that the grantor, instead of the grantee, assumed payment of a mortgage, where no rights of third parties were involved, the parties had early notice of plaintiff’s claim, and no one was placed in a worse position by reason of the delay, and there was no evidence of fraud or bad faith.</p>