Mattingly v. Speak

JUDGE HARDIN

delivered tub opinion of tiie court:

It. is true, as insisted for the appellants, that to authorize the chancellor to annul or modify the terms of a conveyance or other written instrument, on the ground of mistake as to its contents or legal effect when executed, such mistake must be clearly established, and must not be a mere inference from the weight of evidence. But we think it is satisfactorily showm by the testimony of McAtee, the draftsman, and Mrs. Richie, the female grant- or in the deed to Hagan, that the makers of the deed did not intend to so convey the title as in any…