Carter v. McArtor
Supreme Court of Virginia
By a memorandum of agreement under seal bearing date the 12th of March 1844, between Daniel Hitt of the first part, Robert McArtor of the second part, and Richard De Butts of the third part, all of the •county of Fauquier, it was witnessed that De Butts had sold to Hitt and McArtor, to be equally divided between them, two parcels of land containing three hundred and nineteen acres, at $50 per acre.
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By a memorandum of agreement under seal bearing date the 12th of March 1844, between Daniel Hitt of the first part, Robert McArtor of the second part, and Richard De Butts of the third part, all of the •county of Fauquier, it was witnessed that De Butts had sold to Hitt and McArtor, to be equally divided between them, two parcels of land containing three hundred and nineteen acres, at $50 per acre. And De Butts agreed to purchase of Hitt a tract of two hundred and thirty-five acres, at the same price, and to pay Hitt, the difference. And for the moiety of the land, of one hundred and…
1Opinion of the CourtStaples, J.
The court is of opinion, that although a deed or other instrument may be reformed, when through mistake or accident it does not accurately represent the agreement of the parties, it is necessary that both the agreement and the mistake shall be made out by the clearest and most satisfactory testimony. Where the mistake is established by other preliminary written agreements, equity more readily interferes than in cases where the mistake is to be established by parol evidence. But even where there is a preliminary article of agreement or settlement, it must be made plainly to appear that the…
2Cases cited2 opinions
- Mauzy v. SellarsSupreme Court of Virginia · 1875
- Leas' Ex'or v. EidsonSupreme Court of Virginia · 1852
3Cited by7 opinions
- Shenandoah Valley R. R. v. DunlopSupreme Court of Virginia · 1889
- Edmiston v. WilsonWest Virginia Supreme Court · 1961
- Bibb v. American Coal & Iron Co.Supreme Court of Virginia · 1909
- Pulaski Iron Co. v. PalmerSupreme Court of Virginia · 1892
- Morgan v. Fisher's Adm'rSupreme Court of Virginia · 1886
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