Jones v. Jones
Mississippi Supreme Court
From the chancery court of Madison county. I-Ion. Robert B. Mayes, Chancellor. Frederick Jones, the appellee, was complainant in the court below; Andrew Jones, the appellant, was defendant there. From a decree in complainant’s favor the defendant appealed to the supreme court.
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From the chancery court of Madison county. I-Ion. Robert B. Mayes, Chancellor. Frederick Jones, the appellee, was complainant in the court below; Andrew Jones, the appellant, was defendant there. From a decree in complainant’s favor the defendant appealed to the supreme court. Reuben Jones, deceased, who in his lifetime owned a tract of land, died leaving a will by which he devised the dwelling house in which his -wife, whom he had abandoned, lived, to her, and his other lands to his brother Frederick. The widow renounced the will and instituted a suit in chancery to obtain her full share of…
1Opinion of the CourtTruly, J.
We find ourselves unable to agree with the chancellor in his conclusion that the deed from appellee to appellant should be reformed. It appears to our mind conclusive that the real intention of the parties was that appellant should have ninety acres of land. We find no such preponderance of testimony establishing fraud, error or mutual mistake as would authorize the interposition of a court of chancery to order a change in the deed. This is not a case where one party gives as an act of bounty a tract of land to another, but is a transaction in which for a certain stipulated money price…
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