Brown v. Tuschoff
Supreme Court of Missouri
Appeal from Cape Girardeau Circuit Court. — Ron. Henry C. Riley, Judge. (1) A court of equity will not decree the reformation of a written instrument, unless there was a mutual mistake. The mistake of the scrivener is not a- mutual mistake in the absence of proof that be was tbe agent of both parties to tbe contract.
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Appeal from Cape Girardeau Circuit Court. — Ron. Henry C. Riley, Judge. (1) A court of equity will not decree the reformation of a written instrument, unless there was a mutual mistake. The mistake of the scrivener is not a- mutual mistake in the absence of proof that be was tbe agent of both parties to tbe contract. Benn v. Pricbett, 163 Mo. 572; Dougherty v. Dougherty, 201 Mo. 228. . (2) In the case at bar it is not shown by the evidence or even alleged in tbe petition that the justice of the peace who wrote the deed in question and made the alleged mistake was the agent of the grantee…
1Opinion of the Court
STATEMENT.
BOND, C.
— The plaintiff (a person of unsound mind, suing by his guardian) sues to reform a'deed,' and joins a count in ejectment for the property described in the deed. The action is against the surviving husband of Louie Brown, who died childless about eighteen months after her marriage to defendant.
The evidence tended to prove that the maternal grandmother of plaintiff and of his deceased sister, *454Louie Brown, died in 1901, having first made and published the following will:
1 ‘ Know all men by' these presents that I, Diza Wills, of the county of Cape Girardeau and State of…
2Cases cited10 opinions
- Chew v. KellerSupreme Court of Missouri · 1889
- Waddell v. WaddellSupreme Court of Missouri · 1889
- Whitsett v. WamackSupreme Court of Missouri · 1900
- Davis v. DavisSupreme Court of Missouri · 1843
- Fanning v. DoanSupreme Court of Missouri · 1895
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3Cited by12 opinions
- Keller v. KellerSupreme Court of Missouri · 1936
- Evans v. RankinSupreme Court of Missouri · 1931
- Gibson v. GibsonSupreme Court of Missouri · 1920
- Gillilan v. GillilanSupreme Court of Missouri · 1919
- Stephenson v. KuntzWest Virginia Supreme Court · 1948
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