41 So. 373 | Miss. | 1906
delivered the opinion of the court.
We find ourselves unable to agree with the chancellor in his conclusion that the deed from appellee to appellant should be reformed. It appears to our mind conclusive that the real intention of the parties was that appellant should have ninety acres of land. We find no such preponderance of testimony establishing fraud, error or mutual mistake as would authorize the interposition of a court of chancery to order a change in the deed. This is not a case where one party gives as an act of bounty a tract of land to another, but is a transaction in which for a certain stipulated money price certain definitely described land was conveyed. The deed in its terms is free from any ambiguity, doubt or uncertainty; the land conveyed being described with absolute accuracy, so as to exactly convey the specific number of acres.
The decree is reversed, the cause remanded, and the hill ordered dismissed.