Groover v. Simmons

James B. Groover filed an equitable petition against Brooks Simmons, to cancel a certain deed executed by the plaintiff to the defendant, purporting to convey 920 acres of -land, instead of 632 acres as really intended to be conveyed. The prayer was for the cancellation of the deed, or, in the event that the jury should find that the sale should not be rescinded, that the deed be so reformed as to speak the truth, and convey only 632 acres of land. The deed contained this covenant: “ This deed is made subject to all liens against said lands, and is to be paid off by said grantee out of said…