Wise v. Brooks
Mississippi Supreme Court
Erom the chancery court of Yazoo county. Hon. H. O. Conn, Chancellor. Appellees, Louis and Herman Wise, partners as Wise Bros., filed this bill seeking reformation of certain deeds, because of an alleged mistake in the description of land. The history of the title, as shown by the record, is as follows: Tbe land is part of a large tract originally owned by John Everett, who is the common source of title.
Read the full summary
Erom the chancery court of Yazoo county. Hon. H. O. Conn, Chancellor. Appellees, Louis and Herman Wise, partners as Wise Bros., filed this bill seeking reformation of certain deeds, because of an alleged mistake in the description of land. The history of the title, as shown by the record, is as follows: Tbe land is part of a large tract originally owned by John Everett, who is the common source of title. He conveyed to one Howe, in trust for Howe’s wife, who was the daughter of the grantor, a certain irregular-shaped tract of land described entirely by metes and bounds, the deed reciting that…
1Opinion of the Court
Campbell, C. J.,
delivered tbe opinion of tbe court.
Tbe bill makes a very proper case for tbe remedial power of a court of chancery, wbicb may, in proper cases, rectify mistakes either in sheriffs’ deeds or court proceedings, but, unfortunately for the complainants, they have failed to maintain their bill by sufficient evidence. It is doubtless true that, but for misapprehension as to the extent of the operation of the deed to Bowe, the parties would have proceeded differently; but that is not the question for equity to consider in a proceeding to reform contracts. It is not what the'parties…
2Cited by8 opinions
- Pittsburg Lumber Co. v. ShellTennessee Supreme Court · 1916
- Russell v. Shell Petroleum CorporationCourt of Appeals for the Tenth Circuit · 1933
- Langston v. LangstonSupreme Court of Georgia · 1917
- Ingram Day Lumber Co. v. RobertsonMississippi Supreme Court · 1922
- Doniphan, Kensett & Searcy Railroad v. Missouri & North Arkansas RailroadSupreme Court of Arkansas · 1912
3 more not listed; retrieve them via the Exa API.