Continental Waste Co. v. Henderson Bros.

What quantum of proof is required to reform a written instrument on the ground of the mutual mistake of the parties? The law answers “clear, strong and convincing.” Johnson v. Johnson, 172 N. C., 530, 90 S. E., 516.

It is true that ordinarily in civil matters the burden of proof is carried by a preponderance of the evidence, or by its greater weight, albeit in a number of cases, as where, for example, it is proposed to correct a mistake in a deed or other writing, to restore a lost deed, to convert a deed absolute on its face into a mortgage, to engraft a parol trust upon a legal estate, to…