Kight v. Gaskin
Supreme Court of Georgia
Equitable petition. Before Judge Parker. Coffee superior court. October 12, 1911. Daniel Gaskin Sr. brought an action against Matthew M. Kight for the reformation of a deed and for injunction. It appears from the petition, that at some time prior to February 15, 1909, the plaintiff sold to the defendant a certain described parcel of land, reserving the timber thereon of stated dimensions.
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Equitable petition. Before Judge Parker. Coffee superior court. October 12, 1911. Daniel Gaskin Sr. brought an action against Matthew M. Kight for the reformation of a deed and for injunction. It appears from the petition, that at some time prior to February 15, 1909, the plaintiff sold to the defendant a certain described parcel of land, reserving the timber thereon of stated dimensions. At the time of sale it was expressly agreed between plaintiff and defendant that such timber was not included in the sale, and that defendant was purchasing the land only. A bond was executed and delivered…
1Opinion of the CourtFish, C. J.
(After stating the foregoing facts.)
1. Equity will reform a written contract so as to make it speak the truth—what the parties really intended—in a case of mistake by both parties. Civil Code, § 4579. This rule has been recognized by this court from the early case of Rogers v. Atkinson, 1 Ga. 12, to the recent case of Fambrough v. DeVane, 138 Ga. 47 (74 S. E. *382762). It is unnecessary to cite the numerous cases where the rule has been followed. Among them the following cases will be found closely in point when applied to the allegations «of fact as stated in the petition in the case at bar:…
2Cases cited14 opinions
- Weaver v. RobersonSupreme Court of Georgia · 1910
- Jossey v. Georgia Southern & Florida Railway Co.Supreme Court of Georgia · 1899
- Rogers v. AtkinsonSupreme Court of Georgia · 1846
- Delaware Insurance v. Pennsylvania Fire InsuranceSupreme Court of Georgia · 1906
- Long v. GilbertSupreme Court of Georgia · 1909
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3Cited by8 opinions
- Green v. JohnsonSupreme Court of Georgia · 1922
- Helton v. ShellnutSupreme Court of Georgia · 1938
- Sheldon v. HargroseSupreme Court of Georgia · 1957
- White & Hamilton Lumber Co. v. FosterSupreme Court of Georgia · 1924
- McCollum v. LovelessSupreme Court of Georgia · 1938
3 more not listed; retrieve them via the Exa API.