Waddell v. Bowdre
Supreme Court of Arkansas
Appeal from Ashley Chancery Court; E. G. Hammock, 'Chancellor; The whole case is based upon mutual mistake. If the plaintiff is to prevail, he must do so not only by a preponderance of the evidence, but the proof of the mistake must be clear, unequivocal and decisive, free from reasonable doubt. 101 Ark. 461, 466; 108 Id. 503, 506; 132 Id. 227. The authority of Ross to include the land in section 27 in the deed must be proved. 23 R. C. L. 328. It was Cagle’s duty to know…
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Appeal from Ashley Chancery Court; E. G. Hammock, 'Chancellor; The whole case is based upon mutual mistake. If the plaintiff is to prevail, he must do so not only by a preponderance of the evidence, but the proof of the mistake must be clear, unequivocal and decisive, free from reasonable doubt. 101 Ark. 461, 466; 108 Id. 503, 506; 132 Id. 227. The authority of Ross to include the land in section 27 in the deed must be proved. 23 R. C. L. 328. It was Cagle’s duty to know Ross’ authority. 139 Ark. 16; 2 C. J. 565, note nine (b); 34 Cyc. 920. Equity will not relieve against mistake where the…
1Opinion of the CourtHumphreys, J.
Appellees instituted suit against appellants in the Ashley Chancery Court to reform a deed executed by appellants to appellee, T. L. Cagle, of date March 2, 1918, so as to include the fractional east half of northeast quarter of northeast quarter of section 27, township 15 south, range 4 west, containing about ten acres, upon the allegation that the land in question was sold by appellants to said appellee along with other lands and was omitted from the deed conveying same through a mutual mistake of the parties. Appellants filed an answer, denying the material allegations of the bill. The…
2Cases cited4 opinions
- Welch v. WelchSupreme Court of Arkansas · 1918
- Duecker v. GoeresWisconsin Supreme Court · 1899
- Wales-Riggs Plantations v. BanksSupreme Court of Arkansas · 1912
- Tedford Auto Co. v. ThomasSupreme Court of Arkansas · 1913
3Cited by3 opinions
- Augusta Cooperage Co. v. BlochSupreme Court of Arkansas · 1922
- Inter-Southern Life Insurance v. HolzhauerSupreme Court of Arkansas · 1928
- Fagan v. GravesSupreme Court of Arkansas · 1927