Cain v. Collier
Supreme Court of Arkansas
Appeal from Faulkner Chancery Court; Jordcm Sellers, Chancellor; STATEMENT OE EAOTS. This is a suit in equity for the reformation of a deed. The plaintiff, P. C. Cain, alleges that he bought several parts of lots of ground in the city of Conway from JV D. Collier, and that by a mistake on his part, coupled with fraud on the part Of Collier, a part of the ground so purchased by him was omitted from the deed.
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Appeal from Faulkner Chancery Court; Jordcm Sellers, Chancellor; STATEMENT OE EAOTS. This is a suit in equity for the reformation of a deed. The plaintiff, P. C. Cain, alleges that he bought several parts of lots of ground in the city of Conway from JV D. Collier, and that by a mistake on his part, coupled with fraud on the part Of Collier, a part of the ground so purchased by him was omitted from the deed. According to the testimony of the plaintiff himself,, sometime in August or September, 1915, he purchased a wagon yard in the city of Conway from J. D. Collier for the price of $3,500.…
1Opinion of the Court
HART, J.,
(after stating the facts). The law of the case is settled by the opinion in Welch v. Welch, 132 Ark. 227, 200 S. W. 139, in which most of our earlier decisions on the question are cited. In that cáse we held that equity will reform a written instrument where there is a mutual mistake or where there has been a mistake of one party accompanied by fraud or other inequitable conduct of the other party. We also held that parol evidence is admissible in a suit to reform an instrument in cases like this but that the evidence to warrant reformation must be clear, unequivocal and convincing.…
2Cases cited1 opinion
- Welch v. WelchSupreme Court of Arkansas · 1918
3Cited by6 opinions
- Dodson v. AbercrombieSupreme Court of Arkansas · 1948
- Sewell v. UmstedSupreme Court of Arkansas · 1925
- Fagan v. GravesSupreme Court of Arkansas · 1927
- Nicholson v. HayesSupreme Court of Arkansas · 1924
- Tri-State Construction Co. v. WattsSupreme Court of Arkansas · 1922
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