Lake v. Meacham
Wisconsin Supreme Court
APPEAL from the Circuit Court for Walworth County. Action commenced in September, 1857, to reform a contract secured by mortgage, and to foreclose the mortgage. The facts alleged in tbe complaint are as follows: On the 16th of April, 1855, the plaintiff conveyed a farm to Edgar Meacham for $6,000, one-third of which was paid with other land, and the residue was to be secured by mortgage, and was to bear interest payable annually.
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APPEAL from the Circuit Court for Walworth County. Action commenced in September, 1857, to reform a contract secured by mortgage, and to foreclose the mortgage. The facts alleged in tbe complaint are as follows: On the 16th of April, 1855, the plaintiff conveyed a farm to Edgar Meacham for $6,000, one-third of which was paid with other land, and the residue was to be secured by mortgage, and was to bear interest payable annually. The condition of the mortgage actually executed hy Meacham was for the payment of $4,000 “ and interest, at tbe time specified in, and according to tbe conditions…
1Opinion of the Court
By the Gourt,
DixoN, C. J.
There is no more undeniably sound, wholesome and well founded rule of evidence in proceedings in equity, than that written agreements will not be varied or reformed on the ground of mistake or fraud, except upon the most clear and positive proof that mistake or fraud in reducing them to writing was in fact committed. Upon this subject Judge Stoky says: “ In such cases, if the mistake is clearly made out, by proofs entirely satisfactory, -equity will reform the contract, so as to make it conformable to the precise intent of the parties. -But if the proofs are doubtful…
2Cases cited1 opinion
- Newton v. HolleyWisconsin Supreme Court · 1858
3Cited by11 opinions
- Baldwin v. KerlinIndiana Supreme Court · 1873
- Braun v. Wisconsin Rendering Co.Wisconsin Supreme Court · 1896
- Houser v. AustinIdaho Supreme Court · 1886
- Grant Marble Co. v. AbbotWisconsin Supreme Court · 1910
- Harrison v. Juneau BankWisconsin Supreme Court · 1863
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