McCasland v. Ætna Life Insurance

complaint of the appellee seeks to reform a deed and to quiet title to the land which the grantor intended to convey.

It is contended by the appellant that the complaint is bad because it shows a mistake of law and not of fact. The mistake is shown to have been in the description of the land intended to be conveyed, and such a mistake, while in some cases one of law, is generally one of fact. The office of a description in a deed is not to identify the land, but to supply the means of identification. Rucker v. Steelman, 73 Ind. 396. Where, therefore, a mistake is made in describing land, it is…