Allen v. Yeater
West Virginia Supreme Court
Appeal from and supersedeas to a decree of the circuit court of the county of Doddridge, rendered on the 21st day of May, 1877, in a cause in said court then pending, wherein Israel B. Allen ,was plaintiff, and Jacob Yeater was defendant, allowed upon the petition of said Yeater. Hon. C. S. Lewis, late judge of the second judicial circuit, rendered the decree appealed from.
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Appeal from and supersedeas to a decree of the circuit court of the county of Doddridge, rendered on the 21st day of May, 1877, in a cause in said court then pending, wherein Israel B. Allen ,was plaintiff, and Jacob Yeater was defendant, allowed upon the petition of said Yeater. Hon. C. S. Lewis, late judge of the second judicial circuit, rendered the decree appealed from. JohnsoN, Judge, furnishes the following statement of the case: The plaintiff, Allen, filed his bill in May, 1871, in the circuit court of Doddridge county, to correct a mistake' in a deed from himself to the defendant,…
1Opinion of the CourtJohnson, Judge
It appears from the record, that at the time the decree complained of was rendered, all the lands, which the grantee claimed to have purchased, had been conveyed to him, and as to the storehouse and lot, the court held that it was included in the deed by mistake of both parties, and corrected the mistake, It is insisted by the appellant’s counsel, that parol evidence was inadmissible to show that there was any mistake in the written contract. The law on the subject is well settled. Equity *131relieves against a material mistake of fact, as well as against fraud, in a deed or contract in writing.…
2Cases cited3 opinions
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- Ruffner v. McConnelIllinois Supreme Court · 1855
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- Paxton v. Benedum-Trees Oil Co.West Virginia Supreme Court · 1917
- Pennybacker v. LaidleyWest Virginia Supreme Court · 1890
- McBee v. DeusenberryWest Virginia Supreme Court · 1925
- Edmiston v. WilsonWest Virginia Supreme Court · 1961
- Smith v. OwensWest Virginia Supreme Court · 1907
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