(Download) "Henry Lovelace v. Iva Lee Mcmillan and Ed" by Supreme Court of Alabama * eBook PDF Kindle ePub Free
eBook details
- Title: Henry Lovelace v. Iva Lee Mcmillan and Ed
- Author : Supreme Court of Alabama
- Release Date : January 15, 1956
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
SPANN, Justice. This is an appeal from a final decree in equity reforming a deed executed by appellees to appellant on the
ground of mutual mistake. The deed was one of bargain and sale, and the reformation decreed was to reserve in the grantors
(appellees) 'the oil, gas and minerals therein, thereunder or thereon, with the right to develop same.' The sole question
presented is whether the evidence was sufficient to sustain the finding below granting the reformation. We hold that it was,
guided by the well known and oft repeated rule of review that a strong presumption is indulged in favor of the finding of
the trial Judge on evidence taken ore tenus before him; and his Conclusion will not be disturbed unless clearly wrong and
unjust. Morrison v. State, 251 Ala. 289, 37 So.2d 196; Aiken v. Barnes, 247 Ala. 657, 25 So.2d 849; Tsimpides v. Tsimpides,
241 Ala. 46, 1 So.2d 17. The rule in Alabama with respect to the burden and extent of proof in a suit to reform a deed on the ground of mutual mistake
is that the party seeking reformation must show a mutual mistake by evidence that is clear, satisfactory and convincing, and
that the intention and agreement he would substitute in the instrument was that of both parties to such instrument. Clipper
v. Gordon, 253 Ala. 428, 44 So.2d 576; Ballentine v. Bradley, 238 Ala. 446, 191 So. 618.
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