66 So. 630 | Ala. | 1914
The bill in this case was filed by the appellants for the purpose of reforming a certain deed executed on the 20th day of June, 1907, by J. R. Booth and wife, Florence Booth, to the appellees. The appellants contend that, through a mutual mistake, unintentionally and inadvertently, the deed was made to convey more land than was contemplated and agreed upon by the parties. The appellees insist that there was no mutual mistake, but that the deed correctly describes the land purchased by’them from J. R. Booth, and that they immediately went into possession of the same. A plat of the land is attached as an exhibit to the bill, and shows the land conveyed and the portion thereof in disputé, the latter estimated to contain from one-half to three-fourths of an acre.
When asked as to whether '.they dictated the description as from the beginning thereof or at some further point in the description, he states it as his best recollection that “it was at the beginning.” He also states that the question as to this deed was mentioned to him by some of the parties soon after its execution, and these matters therefore were more deeply impressed upon his mind than under ordinary conditions. The witness had served as a justice of the peace (in his beat) for 20 years.
The original agreement seems to have been for a purchase of about two acres. This was changed by the parties; more land .was included, the deed reciting six acres more or less, and the consideration increased. No one heard what took place between these parties when the new contract was made, and the appellants were forced to rely more or less upon many circumstances urged upon us by counsel. In cases of this character, the authorities are all in harmony as to the-high degree of proof required, and there is no controversy between counsel as to the law. A court of equity, in the exercise of this jurisdiction, proceeds with the utmost caution, as it involves the invasion of a salutary rule of evidence prevailing at law and in equity.
“The burden in such cases is always on the complainant to show by evidence that is clear, exact, convincing and satisfactory that the written contract does not express the true agreement between the parties. * * * If the proof ‘is uncertain in any material respect, it will be held insufficient.’ ”—Hertzler v. Stephens, 119 Ala. 333, 24 South. 521; Hammer v. Lange, 174 Ala. 337, 56 South. 573.,
We do not feel that a detailed discussion of the evidence or a criticism of any part thereof would sub-serve any good purpose. Suffice it to say that, after a most careful consideration of all the evidence in the case, we have reached the conclusion, as did the learned judge in the court below, that the appellants have failed to meet the burden as to the high degree of proof required in cases of this character, and that their bill of complaint was- properly dismissed.
The decree of the -court below is affirmed.
Affirmed.