Sawyer v. Hovey

The plaintiffs in this suit seek to obtain a decree to reform the deed mentioned in the bill from them to the defendant, on account of an alleged mistake in the description of the land intended to be conveyed by it.

When, in equity, mistake of the parties is expressly charged and put in issue, equity will permit it to be inquired into, and, upon strong and satisfactory proof, to be corrected. Canedy v. Marcy, 13 Gray, 373. This is the only principle upon which the bill can be maintained. The fact of mistake is to be distinctly charged, and then clearly and fully proved. It is laid down as an…