Gaines v. Allen
Supreme Court of Missouri
Appeal from Jackson Circuit Court. I. The court may conjecture that by mistake “first part” was written for “second part.” But the mistake has not been corrected. Until the instrument be reformed the contract can be enforced only according to its terms, at law and in equity. The court acts on it as it is.
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Appeal from Jackson Circuit Court. I. The court may conjecture that by mistake “first part” was written for “second part.” But the mistake has not been corrected. Until the instrument be reformed the contract can be enforced only according to its terms, at law and in equity. The court acts on it as it is. (Linton vs. Boly. 12 Mo., 568 ; Young vs. Casson, 48 Mo., 262; McClurg vs. Phillips, 49 Mo.} 316.) A court of chancery would not correct the mistake, no matter how clearly proved, because it was not necessary, and no proof could raise an equity for reformation. The mortgage could have been…
1Opinion of the CourtWagner, Judge
Plaintiffs brought their suit in the Circuit Court to set aside a conveyance of real estate made under a power of sale in a mortgage, and praying to be allowed to redeem. On a hearing of the case, the deed of conveyance was set aside and the prayer granted. The plaintiffs are the heirs and representatives of the mortgagors, and it appears that in 1859, the mortgage was made to Horace Allen, one of the defendants, in consideration of a certain obligation made and executed by one' of the parties of the first part. The condition in the mortgage was, that if the maker of the note should pay or…
2Cases cited4 opinions
- Thornton v. IrwinSupreme Court of Missouri · 1869
- Allen v. RansonSupreme Court of Missouri · 1869
- Reddick v. GressmanSupreme Court of Missouri · 1872
- McNees v. SwaneySupreme Court of Missouri · 1872
3Cited by9 opinions
- Kitchen v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1878
- Owens v. Branning Manufacturing Co.Supreme Court of North Carolina · 1915
- Arnett v. WilliamsSupreme Court of Missouri · 1910
- Brewer v. HarrisonSupreme Court of Colorado · 1900
- White v. StephensSupreme Court of Missouri · 1883
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