Fuller v. Hawkins
Supreme Court of Arkansas
Appeal from Scott Circuit Court in Chancery. Edgar E. Bryant, Judge. STATEMENT BY THE COURT. Iv. P. Fuller brought suit in equity against A. D. Hawkins and his wife, Fannie A. Hawkins, in the Scott circuit court.
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Appeal from Scott Circuit Court in Chancery. Edgar E. Bryant, Judge. STATEMENT BY THE COURT. Iv. P. Fuller brought suit in equity against A. D. Hawkins and his wife, Fannie A. Hawkins, in the Scott circuit court. His complaint is as follows : “That on the-day of November, 1890, he (plaintiff), as sheriff of Scott county, levied a number of writs of attachment in favor of a number of attaching creditors on a certain stock of goods and merchandise in the town of Boles, Scott county, Ark., as the property of John A. Rose and G. W. Gatlin, merchants doing business under the firm name of Rose &…
1Opinion of the CourtRiddick, J.
(after stating the facts.) The rule that a court of equity has the power to correct mistakes in deeds and mortgages, so as to make them conform to the intention of the parties in executing the same, is well settled. Simpson v. Montgomery, 25 Ark. 370; Felton v. Leigh, 48 Ark. 498; Knight v. Glasscock, 51 Ark. 390. “Whenever,” says Mr. Jones, “there has been a material omission or mistake in the deed, so that it fails to express what the parties intended, a court of equity may, as between the parties, reform and correct it in accordance with the transaction as it was actually agreed upon.”…
2Cases cited4 opinions
- Alexander v. CaldwellSupreme Court of Alabama · 1876
- Hervey v. SaverySupreme Court of Iowa · 1878
- Knight v. GlasscockSupreme Court of Arkansas · 1888
- Felton v. LeighSupreme Court of Arkansas · 1886
3Cited by3 opinions
- Willingham v. JordanSupreme Court of Arkansas · 1905
- Casten v. KreipeSupreme Court of Kansas · 1928
- Crawford v. VinyardSupreme Court of Arkansas · 1962