Sims v. Wilson

I cannot agree with the conclusions reached by the majority. In the first place, in my view, the chancellor decided the case on an erroneous premise. He stated, “The cases seem to hold that the proof required for reformation must be such that there is no possibility of error [my emphasis] in the decision,” and cited the case of Mitchell v. Martindill, 209 Ark. 66, 189 S.W. 2d 662. The language referred to is a quote from the earlier case of Sewell v. Umsted, 169 Ark. 1102, 278 S.W. 36, and reads:

“The authorities all required that the parol evidence of the mistake, and of the alleged…