Cummins v. Bulgin

Van Eleet, Y. C.

This suit is brought to reform a mining léase. Reformation is asked on the ground of mistake. The power of a court of equity to reform deeds and other writings for the correction of mistakes stands among its most ancient and useful powers. To warrant its exercise, however, the proof in demonstration of mistake must be clear and satisfactory, such as produces a strong conviction of its truth. That which is written will not be changed on loose, doubtful or equivocal evidence. A mistake, in a legal sense, may be defined to be the doing of an act under an erroneous conviction,…