Sweet v. Owens
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Hon. M. Gr. McUbegob, Judge. (1) Plaintiff was entitled to have the mistake in the description in the deed corrected. Equity will 'correct a mistake whether as to fact or law, made by ■the draftsman of a conveyance, or other instrument, 'which does not fulfill, or which violates, the manifest intentions of the parties to the agreement.
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Appeal from Jasper Circuit Court. — Hon. M. Gr. McUbegob, Judge. (1) Plaintiff was entitled to have the mistake in the description in the deed corrected. Equity will 'correct a mistake whether as to fact or law, made by ■the draftsman of a conveyance, or other instrument, 'which does not fulfill, or which violates, the manifest intentions of the parties to the agreement. Where, by mistake, a deed is not what parties intended, or there is a mistake in it, and the mistake is made out by satisfactory evidence, or is admitted by the other side, or is evident from the nature of the case, or from…
1Opinion of the CourtGantt, P. J.
This is a suit in equity begun in the circuit court of Jasper county by Elizabeth A. Sweet, formerly Hauts, to correct an alleged mistake in a deed to certain lands in that county, by J eremiah Stout, now deceased, to said Elizabeth Sweet, on the third day of April, 1884. Since this appeal was taken Mrs. Sweet has died, and Mamie Koontz, the sole heir of Mrs. Sweet, has been substituted as appellant herein.
The defendants, Frances M. Owens and her husband, David D. Owens, Frances Folger and her husband, Anson Folger, William Stout and George Stout appearing by their attorneys answered, denying…
2Cases cited4 opinions
- Tesson v. Atlantic Mutual InsuranceSupreme Court of Missouri · 1867
- Prewitt v. MartinSupreme Court of Missouri · 1875
- Hull v. LyonSupreme Court of Missouri · 1858
- State ex rel. Frank v. Administrator of FrankSupreme Court of Missouri · 1872
3Cited by30 opinions
- Dougherty v. DoughertySupreme Court of Missouri · 1907
- Orris v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1919
- Curd v. BrownSupreme Court of Missouri · 1899
- Loud v. St. Louis Union Trust Co.Supreme Court of Missouri · 1923
- Robinson v. KornsSupreme Court of Missouri · 1913
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