City of Oneonta v. Sawyer

BOULDIN, Justice.

The City of Oneonta filed a bill for the reformation of a deed executed by the City to appellee, R. L. Sawyer. The trial court, on submission for final decree on pleadings and proof, denied relief and dismissed the bill.

Code of 1940, Title 47, § 136, reads: “When, through fraud, or a mutual mistake of the parties, or a mistake of one party, which the other at the time knew or suspected, a deed, mortgage, or other conveyance does not truly express the intention of the parties, it may be revised by a court of equity on the application of the party aggrieved so as to express…