Fagan v. Graves

Kirby, J.,

(after stating the facts). The rule of evidence is different, requiring more proof than the establishment of the contention by a preponderance of the testimony in order to justify the reformation of a deed "or written instrument on the ground of mistake. In Eureka Stone Co. v. Roach, 120 Ark. 326, 179 S. W. 499, the court said: “It is the settled rule of this court that, to justify or authorize the reformation of a written instrument on the ground of fraud or mistake, the eyi-dence of such fraud or mistake must be clear, unequivocal and decisive.” See also Cain v. Collier, 135 Ark.…