Cummings v. Steele
Mississippi Supreme Court
Appeal from the Chancery Court of Itawamba County. Hon. L. Haughton, Chancellor. M. C. Cummings files this bill against R. A. Steele, who, since 1870, has owned and occupied a certain tract of land, W. L. Clayton', the beneficiary in a deed of trust, which Steele had executed thereon in March, 1875, and Phillips, the trustee therein, alleging that the complainant, accepting a proposition made by Steele in 1872 to borrow a sum of money from him, and secure it by a deed of…
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Appeal from the Chancery Court of Itawamba County. Hon. L. Haughton, Chancellor. M. C. Cummings files this bill against R. A. Steele, who, since 1870, has owned and occupied a certain tract of land, W. L. Clayton', the beneficiary in a deed of trust, which Steele had executed thereon in March, 1875, and Phillips, the trustee therein, alleging that the complainant, accepting a proposition made by Steele in 1872 to borrow a sum of money from him, and secure it by a deed of trust on the land owned and occupied by Steele, loaned him the money, taking his note therefor, payable Nov. 1, 1873 ; that…
1Opinion of the CourtCampbell, J.
This bill was demurred to on the ground that a Court of Chancery cannot reform a deed which contains a patent ambiguity in the description of the land intended and attempted to be conveyed. We are not aware of any such restriction on the *649power of the court. It is not a question of latent or patent ambiguity, but of fraud, accident or mistake in drawing the written evidence of the contract. If through fraud, mistake or accident the writing has not been made to speak the agreement of the contracting parties, it will be reformed to truly represent what the parties intended it should; and, when…
2Cases cited3 opinions
- Phœnix Fire Insurance v. Hoffheimer, Bros. & Co.Mississippi Supreme Court · 1872
- Willis v. GattmanMississippi Supreme Court · 1876
- Dunbar v. NewmanMississippi Supreme Court · 1871
3Cited by2 opinions
- McCoy v. McCoyMississippi Supreme Court · 1992
- Goodbar & Co. v. DunnMississippi Supreme Court · 1884