90 Minn. 258 | Minn. | 1903
Action for the reformation of three certain deeds on the ground of a mutual mistake in the description of the land therein. The trial court found the facts substantially as they were alleged in the complaint, and as a conclusion of law directed judgment for the plaintiffs for the relief demanded. Judgment was so entered, and the defendants Peter Nicolay and wife appealed therefrom.
The only questions raised by the assignments of error relate to the sufficiency of the evidence to support the finding of fact to the effect that there was a mutual mistake of the parties in describing the prem
The rule as to the degree of proof required to justify a court in decreeing a reformation of a deed on the ground of mutual mistake is as stated by defendants’ counsel. The proof must be clear, satisfactory, and convincing. A mere preponderance of evidence is not sufficient. The evidence in this case leaves no fair doubt as to the mutual mistake of the parties to the first and second deeds. The findings of the trial court as to them are unquestionably supported by the evidence. The evidence as to the alleged mutual mistake in the deed to the defendant Nicolay is not as complete. Necessarily, it could not be so, for the grantor, Frank Mikiska, Jr., died before this action was
Judgment affirmed.