Legal Opinion

Oswald v. Sproehnle

Appellate Court of Illinois

Decided April 8, 1885PublishedCited by 2 opinions

Appeal from the Superior Court of Cook county; the Hon. George Gardner, Judge, presiding. May 10, 1873, appellee sold and conveyed to appellant, by warranty deed, a piece of land described therein, situate in Cook county and within the assessment district for the South Park.

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Appeal from the Superior Court of Cook county; the Hon. George Gardner, Judge, presiding. May 10, 1873, appellee sold and conveyed to appellant, by warranty deed, a piece of land described therein, situate in Cook county and within the assessment district for the South Park. The deed contained a covenant on the part of appellant, the grantee, that he would pay all taxes and assessments for the year 1873; also a covenant on the part of appellee, the grantor, that at the time of its execution, the premises conveyed were “ free and clear from all liens, taxes, assessments and incumbrances of any…

1Opinion of the CourtMcAllister, J.

This was an application to a court of equity to reform a deed, upon the ground of mere mistake. The law is well settled, that to justify the reformation of a written instrument upon that ground, the alleged mistake must be one of fact and not of law; secondly, such mistake must be proved by clear and entirely satisfactory evidence; a mere preponderance of evidence is not sufficient; thirdly, the mistake must be mutual and common to both parties to the instrument. Broadwell v. Broadwell, 1 Gilm. 599; Beebe v. Swartwout, 3 Gilm. 178; Shafer v. Davis, 13 Ill. 395; Sibert v. McAvoy, 15 Ill. 106;…

2Cases cited5 opinions

  1. Rosa v. . ButterfieldNew York Court of Appeals · 1865
  2. Stockbridge Iron Co. v. Hudson Iron Co.Massachusetts Supreme Judicial Court · 1869
  3. Sibert v. McAvoyIllinois Supreme Court · 1853
  4. Shay v. PettesIllinois Supreme Court · 1864
  5. Shafer v. DavisIllinois Supreme Court · 1851

3Cited by2 opinions

  1. Hair v. JohnsonAppellate Court of Illinois · 1890
  2. Windett v. Connecticut Mutual Life InsuranceAppellate Court of Illinois · 1888

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