Fort Smith Milling Co. v. Mikles
Supreme Court of Arkansas
Appeal from Logan Circuit Court in Chancery. Oscar L. Miles, Special Judge. Action by J. N. Mikles, trustee in a deed of trust, against R. Garner and the Port Smith Milling Company, to reform the deed of trust.
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Appeal from Logan Circuit Court in Chancery. Oscar L. Miles, Special Judge. Action by J. N. Mikles, trustee in a deed of trust, against R. Garner and the Port Smith Milling Company, to reform the deed of trust. The complaint states- that defendant Garner, to secure certain debts named, executed the deed of trust to plaintiff, and it was duly recorded; that, by mistake of the draftsman, there was a misdescription of the land conveyed; that subsequently the Port Smith Milling Company obtained judgment against said Garner, and caused execution thereon to be levied upon the land intended to be…
1Opinion of the CourtBattle, J.
Is the lien of a mortgage, which was properly signed, sealed,. acknowledged and recorded, after it has been reformed by a court of equity so as to embrace land omitted therefrom by mistake of the parties, superior to a lien of a judgment on the land which was recovered against the mortgagor after the recording, but before the mortgage was reformed or a suit for that purpose was instituted ; or will it defeat a sale of the land, made after the institution of the suit to reform, the vendee having notice of the mistake before he purchased?
That courts of equity can correct mistakes in contracts…
2Cases cited6 opinions
- Ells v. TousleyNew York Court of Chancery · 1828
- Stephens v. ShannonSupreme Court of Arkansas · 1884
- Martin v. SchichtlSupreme Court of Arkansas · 1895
- Gouverneur v. TitusNew York Court of Chancery · 1837
- Blackburn v. RandolphSupreme Court of Arkansas · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Cumberland Building & Loan Ass'n v. SparksCourt of Appeals for the Eighth Circuit · 1901
- Sturdivant v. McCorleySupreme Court of Arkansas · 1907
- Shapard v. MixonSupreme Court of Arkansas · 1916
- Foster v. RicheySupreme Court of Arkansas · 1936
- Davidson v. PeytonSupreme Court of Arkansas · 1935
5 more not listed; retrieve them via the Exa API.