75 Fla. 605 | Fla. | 1918
This proceeding seeks reformation of a deed of conveyance so as to make a provision therein contained “exempting and reserving from the lands * * * described * * * all * * * above 88 acres, which reservation to be taken from the west end of said land,” read “east end” instead of “west end.” Other incidental relief is also prayed.
The second amended bill of complaint filed by leave
The prayer is that the deed of conveyance from Abel S. Baldwin to James Lewis “and the description therein contained, be reformed -under the decree of this Honorable Court in accordance with the true intent and meaning of the parties thereto, as hereinbefore set forth and stated, and in such manner as to except and reserve
The answers contain demurrers for want of equity and on special grounds and also set up different periods of limitation to show laches and deny material allegations on which the complainants’ case rests, some of the defendants averring purchases, for value and without notice of the. complainants’ claim as now asserted. Voluminous testimony was taken by examiners; and on final hearing .the bill of complaint being dismissed, complainants appealed.
If no error was committed in refusing a reformation of the deed so as.to make the reservation or exception read “from the east end of said land” instead, of “from the-west end of .said land,” the other matters presented need not be discussed. ........
Equity will reform a written instrument where because of mutual mistake it. does, not contain the true agreement of-the-parties only where the proof is-full and satisfactory as to the mistake... Bexley v. High Springs Bank, 73 Fla. 422, 74 South. Rep. 494.
The right to the reformation- of an instrument is not absolute,-but depends-on an equitable showing. Phoenix Insurance Co. v. Hilliard, 59 Fla. 590, 52 South. Rep. 799.
While equity will reform a written instrument when by a mistake it does not contain the true agreement of the. parties- yet it-will only do so when-.the mistake is plain and- the - proof full and • satisfactory. The. writing should be, deemed to be the sole-expositor of the-intent of the parties until the contrary -is established beyond a reasonable controversy. Jacobs v. Parodi, 50 Fla. 541,
Courts of equity view with disfavor suits' brought long after the transactions in issue have occurred* and long after death has closed the lips of those familiar with the occurrences remote in point of time. Geter v. Simmons, 57 Fla. 423, 49 South. Rep. 131.
In a suit for the reformation of a written instrument, when the evidence is conflicting and the' finding of the chancellor thereon does not clearly appear to be erroneous, it will' not be disturbed on appeal. Rosenthal v. First Nat. Fire Ins. Co. of the United States, 74 Fla. 371, 77 South. Rep. 92; Robinson Point Lumber Co. v. Johnson, 63 Fla. 562, 58 South. Rep. 841.
The east and west lines of the land conveyed to Lewis by Baldwin were nearly four times as long as the north and south lines- of the land. It appears that Lewis platted nearly ¿11 of the land beginning at the west-line and leaving open and unplatted the east end consisting mostly of marsh land extending to the river;-that Lewis lived in a house towards the east end and at the time maintained' and used a rough board walk across the marsh to the river where he' kept a boat for fishing purposes; that Baldwin paid no taxes on any of the land after his conveyance to Lewis; that Lewis paid taxes assessed against the land and exercised rights of- ownership over it; that Lewis had a fence on the land that left marsh land' open between the fencé and the river; that there are more than 83 acres of land between the water line of. the river and the west line of the' land as established subsequent' to the conveyance to Lewis and it does not appear that Baldwin objected' to the acts of possession by Lewis of the west end of the land. The
The parties to the conveyance now sought to be reformed have, been dead-many years. Those who may have known of the circumstances of the. transaction at the time it. occurred- have also died, leaving only cir: cumstances and conjecture to support the issue made. Numerous conveyances for valuable considerations have been made upon the faith of the reservation as made.
There is no direct evidence that a mistake was in fact made in the reservation expressed in the deed of 'conveyance from Baldwin -to Lewis by which the grantor reserved all “above 83 acres” “to be taken from the west end of said lands;” In the third call of the description, viz: “W. 3° S. 58 chains to a post on margin of river,” the letter “W” meaning “West” • is patently an error because the description shows the river to be east and mot west from the end of the second call. Dr. Baldwin conveyed to Hancock at the request of Lewis one acre “on northeast corner of tract,” and the tract pursuant tó a previous agreement-was subsequently conveyed to Lewis. The location of this acre is not on the river but it is not inconsistent with the reservation “to be taken from the west end of the lands.” Apparently the marsh lands next to the river were then of little value and not in demand; and the east line of the Hancock acre may have been the limit of useful property or the waters of the river may have then extended approximately to that point. In 1868 Lewis conveyed to May Williams a part of the land described as follows: “Begin at eastern corner of land conveyed to James Lewis (Q-73), run N. 3.30 chs.,' W. 10.00 chs.-, S. 3.30 chs., E. to beg., 5-acres.” This: conveyance is consistent with an eastern boundary on the “margin of the river,” which was the
Since it does not appear that Dr. Baldwin owned to low water mark on' the' navigable river, questions presented of claims Under the riparian act of 1856, need not be'considered. See Thiesen v. Gulf, F. & A. Ry., decided at the-present term.
Decree affirmed.