Legal Opinion

Duvall v. Simpson

Supreme Court of Kansas

Decided January 15, 1894PublishedCited by 7 opinions

Error from Norton District Cowrt. ACTION by Mahilda A. Duvall against William Simpson and Emma Simpson, his wife, to correct a mutual mistake in a deed. From a judgment sustaining a demurrer to the petition, plaintiff brings error. This is clearly an equitable action, under the allegations of •the petition.

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Error from Norton District Cowrt. ACTION by Mahilda A. Duvall against William Simpson and Emma Simpson, his wife, to correct a mutual mistake in a deed. From a judgment sustaining a demurrer to the petition, plaintiff brings error. This is clearly an equitable action, under the allegations of •the petition. It is brought for the express purpose of reforming a deed and correcting a mutual mistake, and we hold that, ;so long as no intervening purchasers are brought íd, the statute of limitation does not apply. This question was squarely passed upon in the case of National Bank v. Wentworth, 28…

1Opinion of the Court

The opinion of the court was delivered by

JOHNSTON, J.:

The purpose of this action was to rectify a mutual mistake in describing lands in a deed of conveyance which had been purchased by plaintiff from defendants. The averments of the petition are to the effect that, according to the understanding and agreement of the parties, a much larger quantity of land was purchased than was described in the conveyance. The purchase was made and the conveyance executed on December 4, 1884, and the plaintiff alleged that she supposed and believed that she had received a conveyance of the quantity of land…

2Cases cited3 opinions

  1. First National Bank v. WentwortSupreme Court of Kansas · 1882
  2. McIntosh v. SaundersIllinois Supreme Court · 1873
  3. Harold Bros. & Scott v. WeaverSupreme Court of Alabama · 1882

3Cited by7 opinions

  1. Law v. Law Co. Building AssociatesSupreme Court of Kansas · 2012
  2. City of Hutchinson v. HutchinsonSupreme Court of Kansas · 1914
  3. Regier v. Amerada Petroleum Corp.Supreme Court of Kansas · 1934
  4. Pinkham v. PinkhamNebraska Supreme Court · 1900
  5. Jackson-Walker Coal Material Co. & v. MillerSupreme Court of Kansas · 1913

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