84 Miss. 624 | Miss. | 1904
delivered tbe opinion of the court.
Two questions of law are presented by this record: First, whether the instrument in question is properly subject to reformation under the facts found by the chancellor to be true; second, do the appellees occupy such a position that a court of equity will intervene in their behalf?
The power of a court of equity to compel reformation of deeds, and make them conform to the real intention of the parties, in cases where mutual mistake of fact has occurred, is so firmly established as to scarce demand citation of authority. It is elementary that the province of a court of equity is to see that the real wishes of contracting parties should not be frustrated by mistakes innocently and mutually committed. 2 Pom. Eq. Jurisprudence, secs. 852—870; Ins. Company v. Hoffheimer, 46 Miss., 645; Simmons v. North, 3 Smed. & M., 71; 18 Ency. Pl. & Pr., p. 774, note 1. “An ancient and unquestionable jurisdiction of a court of equity is to grant relief on account of a mistake of facts in written contracts, whether executed or ex-ecutory, if the writing expresses something of substance variant from what the parties actually intended.” Dunbar v. Newman, 46 Miss., 234. A court of equity will entertain a suit for the reformation of a deed when there is a material mistake in the description of lands intended to be conveyed, so that more or less or different property is included than the parties in fact intended, and the inaccuracy of the description will be corrected. 18 Ency. Pl. & Pr., p. 780; Gwyer v. Spaulding, 33 Neb., 573 (50 N. W., 681); Improvement Company v. Marshall, 57 Minn., 333 (59 N. W., 294; 47 Am. St. Rep., 612); DeRiemer v. DeCantillon, 4 Johns. Ch., 88; May v. Adams, 58
It is, however, contended by appellants that, though ordinarily a court of' equity might authorize a reformation, in the instant case appellees have no standing in court to warrant this interposition in their favor. And in support of this contention, appellants rely upon the principle that equity will not interpose to order a reformation of a deed in favor of a volunteer. This principle has no application to the case at bar. Appellees are not volunteers. A part of the consideration of the conveyance from William R. Miles to them was the purchase by Theus N. Miles of his brother’s interest in the estate of William R. Miles for the sum of $10,000. This purchase enabled William R. Miles and Edward H. Miles to each carry out his own personal wishes in reference to the interest of Edward H. in his father’s
For the reasons indicated, we are of the opinion that the appellees were entitled to invoke the aid of a court of equity to reform the deed so that the real intention of the parties could be effectuated,- and, accepting the finding of the chancellor upon disputed questions of fact as conclusive, we find no grounds for disturbing the decree. If error, the rulings of the chancellor on the admission of testimony could not affect the result.
The decree is affirmed.