Nunnally v. Holt

(after stating the facts as above).

It is, the general rule that, as concerns the venue, the nature of the suit is to be determined upon the primary right violated and the judgment of relief wliich the court may render for the wrongful act or default. Succinctly stated, the plaintiff seeks to have correction or re-execution of a deed, which did not conform to the actual rights of the parties thereto mutually agreed to, for the reason of “mistake of the writer who drew the same.” The remedy was asked for merely for the purpose of correcting the deed, as necessary to a restoration to full rights…