Van Dyke v. Wallace

The bill was filed to correct a deed," alleging a mutual mistake in that certain sewer taxes should have been recited and excepted in the warranty-clause. Plaintiffs, husband and wife, had decree. Defendants have appealed.

The question is one of fact arising upon a flat contradiction in testimony. Evidence of plaintiffs is to the effect that defendants were to pay such tax and that this matter was inadvertently omitted in making the deed. Evidence of defendants is to the effect that plaintiffs were to pay it and that there was no mistake in that regard. Evidence of value is in equally flat…