Roberts v. Mansfield
Supreme Court of Georgia
In Equity, in Mitchell Superior Court. Tried before Judge Allen, at the May Term, 1860. The record in this case exhibits the following facts and questions, to wit: On the 1st day of August, 1853, William W. Faircloth, David Faircloth, and Riley B. Faircloth, executed two promissory notes of that date, for one thousand dollars each, one due the 1st day of January, 1855, and the other due 1st day of January, 1856, and both payable to James Mansfield or bearer. • For the better…
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In Equity, in Mitchell Superior Court. Tried before Judge Allen, at the May Term, 1860. The record in this case exhibits the following facts and questions, to wit: On the 1st day of August, 1853, William W. Faircloth, David Faircloth, and Riley B. Faircloth, executed two promissory notes of that date, for one thousand dollars each, one due the 1st day of January, 1855, and the other due 1st day of January, 1856, and both payable to James Mansfield or bearer. • For the better securing the payment of said notes, the Faircloths, at the same time, executed a mortgage deed to Mansfield for three…
1Opinion of the Court
By the
Gowrt.—Lumpkin, J.,
delivering the opinion.
We think it best to remand this cause for a rehearing. It seems not to have been submitted to the jury in such a way as to direct their attention to the exact issue .upon which it depends, and the law applicablé thereto.
Did the evidence justify the reformation of the contract bétween Mansfield and Pate, as to the transfer of the Fair-cloth mortgage?
The Courts uniformly hold, that the mistake should not only be distinctly alleged, but that the proof should be clear and satisfactory, to reform a writing. And it is reasonable and right that it…
2Cited by11 opinions
- Carter v. JohnsonSupreme Court of Georgia · 1923
- Berrie v. SmithSupreme Court of Georgia · 1896
- Setze v. First National BankSupreme Court of Georgia · 1913
- Granger v. . CrouchNew York Court of Appeals · 1881
- Winstead v. BinghamU.S. Circuit Court for the Northern District of Georgia · 1882
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