...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 on the ground of mutual mistake, alternative counterclaims...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 error was made by the scrivener and was a mutual mistake by the plaintiff and defendants Franklin, and that the interest transferred to defendant Schmidt was acquired with full knowledge and notice of plaintiff's right of easement. Plaintiff prayed for a reformation of...

.... SMITH, Judge. Plaintiff filed her suit seeking reformation of a deed and partition of the real estate. The deed placed title to the real estate in defendants by the entireties and...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. Although originally agreeing that this court had jurisdiction; the parties have now filed a joint motion requesting transfer to the Supreme Court. The motion is well taken. Plaintiff sought and the court decreed reformation of a deed conveying...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...

.... 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 of a mutual...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 entire...

.... Reformation of Instruments — Deeds — Evidence — Questions for Jury. Whether certain evidence in an action for the reformation of a deed is.... CLARK, J. This is an action for reformation of a deed executed to plaintiff's former wife. The plaintiff testified that he paid the purchase money himself...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 of...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 a deed; that label was one affixed by.... 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 property.... 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...

...respondents. [1] Reformation of Instruments — Burden of Proof — Deeds. Reformation of a deed may be granted for...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 fact for those of the trial court when supported by substantial evidence. Affirmed. Action to reform a deed. Defendants...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...

.... Equity — Reformation of Instruments — Deeds and Conveyances — Mistake — Burden of Proof. Equity will not decree the reformation of a deed for the mistake of the...support a judgment ordering a reformation of the instrument rendered in the Superior Court. On 28 June, 1921, plaintiff executed a deed by...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 of a deed or...

... deed and note to the plaintiff. Due to a mistake, the mortgage deed contained a description of the wrong property. The trial court granted reformation of the mortgage deed so that it described the.... 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 a mutual mistake...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 equitable...

.... 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 land from the description through an alleged.... Deed, Reformation. Frauds, Statute of. Equity Jurisdiction, To reform deed, Mistake. If the owner of certain real estate orally agrees to sell it for a certain price and.... CROSBY, J. This is a bill in equity for the reformation of a deed, by...

...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 by...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, Saden, J...., 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. The...; 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., 156 Conn. 123, 126, 239 A.2d 519 (19, 68); see also Rodie v. National Surety Corporation, 143 Conn. 66, 69, 118 A.2d 908 (1955). We have held that this also applies to actions for reformation of a deed; Patalano...

...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 not mutually mistaken as to the boundaries of the...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 of a gift may be rebutted by clear, strong and convincing proof. 3. Reformation of...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 state claim In a proceeding...

... County Court of Saratoga County, entered April 1, 1970, denying defendant's cross motion for summary judgment. Respondents seek reformation of a deed under which appellant acquired title..., 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...

.... 1. REFORMATION OF INSTRUMENTS — Pleading. In an action involving reformation of a deed, the contention that the pleading did not sufficiently allege 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, unequivocal and indubitable, the contract should be reformed. 4. Proof. In an action involving reformation of a deed, evidence...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 findings...

..., 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 of fraud. Because...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 granted a directed...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 under claim of title, in addition to plat on record, referred to and made a part...inquiry which would have led to knowledge of claimants' right to reformation of deed containing a void description. 4. REFORMATION OF INSTRUMENT. Reformation of deed will be allowed against purchasers from original parties with notice. Reformation of a deed.... 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 a deed will...