Miles v. Miles
Mississippi Supreme Court
From the chancery court of Holmes county. Hon. Adam M. Byrd, Chancellor. Theus N. Miles and others, appellees, were complainants in the court helow; Mary B. Miles and others, appellants, were defendants there. From a decree in complainants’ favor the defendants appealed to the supreme court.
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From the chancery court of Holmes county. Hon. Adam M. Byrd, Chancellor. Theus N. Miles and others, appellees, were complainants in the court helow; Mary B. Miles and others, appellants, were defendants there. From a decree in complainants’ favor the defendants appealed to the supreme court. This suit began by an original bill to reform a deed to appellees, executed July 1, 1897, by Gen. W. B. Miles, to certain lands and personalty — lands described by sectional numbers, constituting, as declared by the deed, the Quofoloma and Omega plantations — by adding to the sectional numbers used in the…
1Opinion of the Court
Truly, J.,
delivered tbe opinion of the court.
Two questions of law are presented by this record: First, whether the instrument in question is properly subject to reformation under the facts found by the chancellor to be true; second, do the appellees occupy such a position that a court of equity will intervene in their behalf?
The power of a court of equity to compel reformation of deeds, and make them conform to the real intention of the parties, in cases where mutual mistake of fact has occurred, is so firmly established as to scarce demand citation of authority. It is elementary that the…
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