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...reformation of a deed of easement. Affirmed as to one counterclaim and reversed as to the other.
Dorfman Rudquist and Howard S....
Same — same — same.
2. In a suit for reformation of a deed of easement...that if the description of the recorded easement were followed the west terminus of the line would have been located outside the quarter section described in the deed of easement. The complaint alleged that this er...
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SMITH, Judge.
Plaintiff filed her suit seeking reformation of a deed and partition ...parties appealed from the final judgment which specifically adopted the interlocutory judgment ordering reformation. Defendants, as appellants, here attack, among other things, the order of reformation.
...estate. Such a reformation changes the interest and the title of the parties to the real estate in question. The right to partition was also dependent upon the reformation of the deed in...
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This suit was brought by petitioners, the Davises, for reformation of a deed. The trial court rendered judgment that the Davises take nothing, and the court of appeals affirmed...entitled to relief. A party is entitled to reformation of a deed upon proving the party had reached an agreement with the other party but the deed did not reflect the true agreement because ...to sell the west 105 feet of the lot to Donald B. Grammer. After the closing of the sale, Mary Davis learned that because of a mistake by a title company, her deed to Grammer transferred the entir...
...defendant appellee.
1. Reformation of Instruments 7 — reformation of deed for mutual mistake — insufficiency of evid...grantees in a deed; plaintiff then agreed that he and defendant would be grantees; and plaintiff therefore was not mistaken as to how the deed was drawn, but only as to the legal consequences of his action which wo...action for reformation of deed The presumption of gift which arises when a husband pays for real property and has the deed made to himself and his wife was not applicable in this action where plai...
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Reformation of Instruments — Deeds — Evidence — Questions for Jury.
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CLARK, J.
This is an action for reformation of a deed executed to plaintiff's former wife. ...convincing proof, not merely a preponderance of evidence, in order to reform a deed for mistake, it was for the jury to determine from the evidence whether any mistake had been made in drafting the...
...Court of New York, Second Department.
October 30, 2007.
In an action for reformation of a deed, the plaintiff appeals from an order ...Metro. N.Y., 10 AD3d 646, 648; Lefkowitz v Appelbaum, 258 AD2d 563; Baratta v ABF Real Estate Co., 215 AD2d 518, 519). A claim for reformation of a deed predicated upon fraud is....
Ordered that the order is affirmed, with costs.
On April 12, 1996 the defendant executed a deed conveying his individual...
...28 U.S.C. § 2409a (1976) to actions seeking reformation of a deed. We did not characterize Prater's suit as one in the nature of an action to reform ....
William T. Moore, Jr., U.S. Atty., Savannah, Ga., Edmund A. Booth, Jr., Asst. U.S. Atty., Augusta, Ga., Anne S. Almy, James W. Moorman, Dept. of Justice, Appellate Sect., Land Natural Resources Div...summary judgment proof (the depositions of Fred Prater and Allen as well as Allen's affidavit) was sufficient to establish the promise to reconvey, and thus raise a claim of equitable title for...
...Judge.
Plaintiff filed a five-count petition against defendants, seeking: (1) declaratory judgment she was the owner of certain real estate; (2) reformation of a deed to the pr....
Missouri Court of Appeals, Southern District, Division Three.
June 1, 1982.
APPEAL FROM THE CIRCUIT COURT, SHANNON COUNTY...; (3) that title to the tract be quieted in her by reason of adverse possession; (4) an injunction against defendants trespassing on the land in question; (5) and, damages from the defendants for their...
.... Equity — Reformation of Instruments — Deeds and Conveyances — Mistake — Burden of Proof.
Equity will not decree the reformation of a deed for the...support a judgment ordering a reformation of the instrument rendered in the Superior Court.
On 28 June, 1921, plaintiff ...nonsuit, made at the close of all the evidence, under C. S., 567.
The principle that a Court of Equity, or a court exercising equitable jurisdiction, will decree the reformation ...
...respondents.
[1] Reformation of Instruments — Burden of Proof — Deeds. Reformation of a deed may be...convincing. [See 45 Am. Jur., Reformation of Instruments (1st ed. § 62).]
[2] Appeal and Error — Findings of Fact — Review. A reviewing court will not substitute its findings of ...CURIAM.
Plaintiffs, Ernest and Audrey Cavanaugh, brought this action seeking reformation of a deed to property which they purchased from defendants, Elmer and Diane Brewington...
... deed and note to the plaintiff. Due to a mistake, the mortgage deed contained a description of the wrong property. The trial court granted .... Moreover, the mortgage note contained a notation in its lower left corner describing the correct property. "Reformation of a deed can be ordered when it has been executed as the result of ...property description attached but without the defendant's reexecuting the deed was a nullity.
"A cause of action for reformation of a contract rests on the equ...
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BILL IN EQUITY, filed in the Superior Court on April 5, 1920, for the reformation of a deed of real estate to correct an error in omitting certain l....
Deed, Reformation. Frauds, Statute of. Equity Jurisdiction, To reform deed, Mistake.
If the owner....
CROSBY, J.
This is a bill in equity for the reformation ...
...the Henkle family * * *."
In order to maintain an action for reformation of a deed on the ground of mistake, the plaintiff bears the burden to prove a mutual mistake occurred ...warranty deed conveying most of the Henkle Farm to John Henkle, while reserving a life estate for herself. At the same time, she also executed another warranty deed conveying 1.7 acres of the farm to her...to file a lawsuit to set aside the deed.
On November 15, 1989, appellees filed a motion for summary judgment. In support of the motion, they attached various portions of...
...the defendant as a result of his reliance on the agreement as he understood it. The defendant also sought a reformation of the warranty deed and damages. After a court trial, the court, S...., found for the defendant on the complaint and on the first count of the counterclaim upon which it ordered a reformation of the warranty deed. T...; 27 Am.Jur.2d 555, Equity, 33; 45 Am.Jur., Reformation of Instruments, 584 2, 621 62; 76 C.J.S. 375, Reformation of Instruments, 30." Greenwich Contracting Co. v. Bonwit Construction Co., ...
...May 31, 1988
Decision released October 4, 1988
Action for the reformation of a deed, and for other relief, brought to the Superior...).
The plaintiffs sought, inter alia, reformation of a deed and purchase agreement. The trial court, determining that the parties were...mutual mistake.
FOTI, J.
In this action for the reformation of a deed and purchase agreement and...
...settled law in this State that there is a presumption that a deed to a man and wife creates an estate by the entireties in them even though he furnished the entire consideration; however, the presumption ...Instruments 4 — reformation of deed for mutual mistake — allegations required The party seeking reformation of a deed...pleader allege facts as to how and why the mutual mistake came about.
4. Reformation of Instruments 4 — reformation of deed for mutual mistake — sufficiency of allegations to s...
... County Court of Saratoga County, entered April 1, 1970, denying defendant's cross motion for summary judgment. Respondents seek reformation of a ..., Saratoga County, New York. It is respondents' contention that the property to be conveyed contained 60 feet on the Saratoga State Highway with a depth of 250 feet. They assert that the draftsman of the deed...to certain premises, as well as a determination of title by adverse possession in their favor. In 1950, one Harriet Smith agreed to sell to the appellant a parcel of land in the Town of Moreau...
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1. REFORMATION OF INSTRUMENTS — Pleading. In an action involving reformation of a deed, the contention that the ...afterwards acquires title, his deed works an estoppel and passes and estate to the grantee the instant the grantor acquires title.
3. REFORMATION OF INSTRUMENTS — Proof. Where the proof is clear, ...to the Fisheries Company, was by a mistake both of himself and his grantee, included therein and he prayed for a reformation of the deed on that ground. Upon issues joined the trial court made fin...
..., Justice.
Plaintiff Anthony Willis, on behalf of the estate of Janice Willis, seeks reformation of a deed based on unilateral mistake of the grantor in the absence...result was not what she had intended. She filed this lawsuit seeking reformation of the deed on the basis of her unilateral mistake. At the conclusion of the evidence presented at trial, the trial judge gr...grantor of a conveyance for which no consideration was given by the grantee is entitled to reformation when the deed fails to express the actual intent of the parties due to the grantor's unilateral...
...notorious possession under claim of title was sufficient to put subsequent purchasers on inquiry as to claimants' right to reformation of deed.
Open and notorious possession of land...inquiry which would have led to knowledge of claimants' right to reformation of deed containing a void description.
4. REFORMATION OF INSTRUMENT. .... We are of the opinion that those facts were sufficient to put subsequent purchasers of the land upon inquiry which, if pursued, would have led to the knowledge of the appellees' rights. Reformation of ...