Garlington v. Blount

Per Ctjriam.

1. Where one executes two security deeds conveying the same property to different parties, the grantee in the second deed can not maintain a suit in equity to reform the first deed, although the description may be incorrect and be due to the mutual mistake of the parties. This is true because the second grantee has no privity in the estate conveyed in the first deed. Equity will correct mutual mistakes between the “original parties or their privies in-law, in fact, or in estate.” Civil Code (1910), § 4573. It can not be contended that the plaintiff is privy in law or in fact. He…