Soderman v. Bell
Supreme Court of Arkansas
Appeal from Clark Chancery Court; James D. Shaver, Chancellor; STATEMENT BY THE COURT. John Soderman instituted against Alice Bell and others a suit in unlawful detainer for the unlawful detention of the possession of certain lands in Clark County.
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Appeal from Clark Chancery Court; James D. Shaver, Chancellor; STATEMENT BY THE COURT. John Soderman instituted against Alice Bell and others a suit in unlawful detainer for the unlawful detention of the possession of certain lands in Clark County. It was alleged that on January 19, 1910, he purchased of Alice Bell certain lands, describing them as they were described in his deed, for a consideration of $1,250, and that on that day she executed and delivered to him a warranty deed therefor, under which she was bound to deliver to him possession of the lands and defend the title thereto…
1Opinion of the Court
Kirby, J.,
(after stating the facts). The reformation of deeds and other instruments. of writing upon allegations of fraud or mistake is a matter for the exclusive exercise of equity jurisdiction, and the court committed no error in transferring the cause to equity.
The testimony was virtually undisputed that the land sold to appellant by appellee was, by mistake, not correctly described in the deed to him and also disclosed a correct description of the land intended to be conveyed as set out in the amendment to the complaint, and the motion to transfer the cause and the court erred in not…
2Cited by3 opinions
- Fawcett v. RhyneSupreme Court of Arkansas · 1933
- Hampton School District No. 1 v. PhillipsSupreme Court of Arkansas · 1971
- Washington Standard Life Insurance v. AgeeSupreme Court of Arkansas · 1960