Conaway v. Gore
Supreme Court of Arkansas
Error from Rice District Court. This was an action brought on March 18th, 1878, by the defendant in error against the plaintiffs in error, for the reformation of a deed executed May 24th, 1877, by Conaway and wife to said Core. By a mutual mistake of all the parties, the land was described in the deed so made as the southwest quarter, etc., instead of the southeast quarter, etc.
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Error from Rice District Court. This was an action brought on March 18th, 1878, by the defendant in error against the plaintiffs in error, for the reformation of a deed executed May 24th, 1877, by Conaway and wife to said Core. By a mutual mistake of all the parties, the land was described in the deed so made as the southwest quarter, etc., instead of the southeast quarter, etc. To this action the plaintiffs in error answered jointly, and alleged in substance that on or about the 23d day of May, 1877, the parties to the deed entered into an oral agreement with each other by which Conaway and…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
The reformation of deeds is one of the most familiar doctrines pertaining to equity jurisprudence; but in all cases of relief of this character the party asking it must stand upon some equity superior to that of the party against whom he asks redress. If the equities are equal, a court of equity is silent and passive. If the party asking equity fails to do equity, he must be dismissed without relief. The statement of this cardinal principle, which underlies the whole system of equity jurisprudence, clearly shows that the ruling of the…
2Cited by5 opinions
- Beams v. WerthSupreme Court of Kansas · 1968
- Schlatter v. IbarraSupreme Court of Kansas · 1975
- Conaway v. GoreSupreme Court of Kansas · 1882
- Conaway v. GoreSupreme Court of Kansas · 1880
- Beams v. WerthSupreme Court of Kansas · 1968