Michel v. Tinsley
Supreme Court of Missouri
Appeal from New Madrid Circuit Court. — .Hon. D. L. Hawkins, Judge. The court below erred in reforming the trustee’s deed from Hunter to Tinsley. It had no seal, and no words of conveyance; It was in fact a simple memorandum of the sale. As a contract to convey or a conveyance, it had no validity, and was not a proper instrument for reformation. 1. The mistake complained of was the result of pure carelessness, and against such mistakes equity affords no relief. Graham n.
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Appeal from New Madrid Circuit Court. — .Hon. D. L. Hawkins, Judge. The court below erred in reforming the trustee’s deed from Hunter to Tinsley. It had no seal, and no words of conveyance; It was in fact a simple memorandum of the sale. As a contract to convey or a conveyance, it had no validity, and was not a proper instrument for reformation. 1. The mistake complained of was the result of pure carelessness, and against such mistakes equity affords no relief. Graham n. Berryman, 19 N. J. Eq. 29 ; Dillett v. Kemble, 25 N. J. Eq. 66; Voorhis v. Murphy, 26 N. J. Eq. 434. 2. The deed is not…
1Opinion of the CourtNapton, J.
This is a proceeding in equity to establish the title of plaintiffs to eight or nine hundred acres of land in Pemiscot county, alleged to have been divested from plaintiffs’ ancestor by fraud and breach of trust. The suit was instituted on the 10th day of August, 1869, the pleadings and testimony are voluminous, most of the transactions upon which the finding and decree of the court are based, occurred years ago, extending from 1837 down to within a year or two before the institution of the suit, and it is, therefore, necessary to determine whether the finding of the court upon which the bill…
2Cases cited2 opinions
- Beatie v. ButlerSupreme Court of Missouri · 1855
- Bartlett v. JuddNew York Supreme Court · 1856
3Cited by4 opinions
- Hubbard v. SlavensSupreme Court of Missouri · 1909
- Henkleman v. PetersonIllinois Supreme Court · 1895
- Epperson v. EppersonSupreme Court of Missouri · 1901
- Henkleman v. PetersonAppellate Court of Illinois · 1893