Wachovia Bank & Trust Co. v. Jones

1. If the form of a conveyance is by mutual mistake of the parties contrary to the intention of both parties in their contract, equity will interfere to make it conform to such intention. Civil Code (1910), §§ 4567, 4578, 4579. To authorize reformation, however, the court must be “satisfied by the evidence” that the mistake was mutual. § 4578.

2. Under application of the foregoing rule, if the subject-matter of the sale is a large plantation called “the Reuben Jones plantation,” with well-defined boundaries, and the boundaries are shown by the vendor to the vendee, and the sale is consummated…