Cochran v. Burns

Leaming, V. C.

Complainants’ amended bill is for reformation of a deed of conveyance of real estate made by complainants to- defendant. Defendant now moves to strike out the amended bill on the ground “that there are no facts set forth as alleged in said bill which would entitle the complainants to the relief prayed for therein.”

The general rule touching reformation of written instruments, as early stated in,our federal supreme court, cannot be questioned: “Where an instrument is drawn and executed, which professes, or is intended, to carry into execution an agreement, whether in writing or by…