Mills v. Driver
Supreme Court of Arkansas
Appeal from Mississippi Chancery Court. Edward D. Robertson, Chancellor. Lee Mills and Cleveland Meadows, by his next friend, as heirs, and W. F. Meadows, as husband of Canada F. Meadows, deceased, brought suit in 1901 against J. D. Driver, Abner Driver, trustee of J. D. Driver, John B. Driver and W. L. Seegars. The court sustained a demurrer to the complaint, and plaintiffs appealed.
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Appeal from Mississippi Chancery Court. Edward D. Robertson, Chancellor. Lee Mills and Cleveland Meadows, by his next friend, as heirs, and W. F. Meadows, as husband of Canada F. Meadows, deceased, brought suit in 1901 against J. D. Driver, Abner Driver, trustee of J. D. Driver, John B. Driver and W. L. Seegars. The court sustained a demurrer to the complaint, and plaintiffs appealed. The complaint alleged that on January 31, 1888, plaintiff W. F. Meadows and wife, Canada F. Meadows, for the purpose of securing the payment of $500 which W. F. Meadows owed defendant J. D. Driver, executed to…
1Opinion of the CourtBattue, J.
The only question necessary to decide in this case is, can a court of equity reform a deed of a married woman to her own lands, which was executed in the year 1888, so as to correct a description of the land conveyed?
The power of courts of equity to correct material mistakes in deeds by reforming them so as to carry out the intention of the parties is beyond question.
In Holland v. Moon, 39 Ark. 124, it was held that a court of equity could not reform a deed of a married woman executed in i860; and in Bowden v. Bland, 53 Ark. 53, it was held that it could not reform a deed made by her in 1852.…
2Cases cited6 opinions
- Shroyer v. NickellSupreme Court of Missouri · 1874
- Allen v. HanksSupreme Court of the United States · 1890
- Leonis v. LazzarovichCalifornia Supreme Court · 1880
- Martin v. HargardineIllinois Supreme Court · 1868
- Gebb v. HowellCourt of Appeals of Maryland · 1874
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3Cited by2 opinions
- Morris v. CoveySupreme Court of Arkansas · 1912
- Adcox v. JamesSupreme Court of Arkansas · 1925