Legal Opinion

Miller v. Mattison

Supreme Court of Arkansas

Decided October 28, 1912PublishedCited by 9 opinions

Appeal from Cleburne Chancery Court; Geo. T. Humphries, Chancellor; 1. A deed will not be reformed unless the evidence of mutual mistake is clear, unequivocal and decisive. 85 Ark. 62; 89 Id. 309. 2. Banks & Company were not innocent mortgagees for value. There was no new consideration for their antecedent debt. 27 Ark. 557; 55 Id. 542; 35 L. R. A. 1174; 25 S. W. 805; 89 N. Y. 446; 16 A. & E. Ene. L. 831; 49 N. Y. 286. A mutual mistake justifies a reformation.

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Appeal from Cleburne Chancery Court; Geo. T. Humphries, Chancellor; 1. A deed will not be reformed unless the evidence of mutual mistake is clear, unequivocal and decisive. 85 Ark. 62; 89 Id. 309. 2. Banks & Company were not innocent mortgagees for value. There was no new consideration for their antecedent debt. 27 Ark. 557; 55 Id. 542; 35 L. R. A. 1174; 25 S. W. 805; 89 N. Y. 446; 16 A. & E. Ene. L. 831; 49 N. Y. 286. A mutual mistake justifies a reformation. There is ample proof of the mistake. Banks & Company were innocent mortgagees for value. 49 Ark. 214; 62 Id. 323; 27 Cyc. 1192; 23 A.…

1Opinion of the CourtMcCulloch, C. J.

C. J. Miller owned three lots in Cleburne County, Arkansas, described as lots 4, 5 and 6 of block 69 of West Addition to the town of Sugar Loaf (now changed to Heber). He mortgaged them to Mattison to secure a debt of $500, and subsequently sold and conveyed lot 6 and the west half of lot 5 to Mrs. Elsie Burt, wife of W. L. Burt, for the sum and price of $1,250, of which $450 was paid in cash at the time of the conveyance, $500 was to be paid to Mattison in discharge of said mortgage debt when the same matured, and the remainder was evidenced by two promissory notes for $150 each, payable at…

2Cases cited11 opinions

  1. Ringo v. WoodruffSupreme Court of Arkansas · 1884
  2. Perkins v. SwankMississippi Supreme Court · 1871
  3. Johnson v. HaywardNebraska Supreme Court · 1905
  4. Wailes v. CooperCourt of Appeals of Mississippi · 1852
  5. Shall v. BiscoeSupreme Court of Arkansas · 1856

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3Cited by9 opinions

  1. Smith v. EdwardsSupreme Court of Arkansas · 1983
  2. Graysonia-Nashville Lumber Co. v. Saline Development Co.Supreme Court of Arkansas · 1915
  3. Powers v. JohnsonCourt of Appeals for the Eighth Circuit · 1934
  4. Board of Directors of St. Francis Levee v. RaneySupreme Court of Arkansas · 1934
  5. First American National Bank v. Christian Foundation Life InsuranceSupreme Court of Arkansas · 1967

4 more not listed; retrieve them via the Exa API.

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