Marsh v. Marsh
Marsh v. Marsh
Opinion of the Court
— The rule is uniformly settled, that a court of equity will not reform a written instrument, by correcting an alleged mistake in it, on parol evidence, unless the mistake is plain, and clearly established by full and satisfactory proofs. — Clopton v. Martin, 11 Ala. 187; 1 Brick. Dig. 685, § 664, and cases cited ; 1 Story’s Eq. Jur. § 157. As expressed by Mr. Waterman, “the parol testimony must be clear and strong, and such as to leave no doubt of the mistake.” — Waterman on Spec. Perf. § 380. In many adjudged cases, it has been said, that the mistake must be proved' “ beyond a reasonable doubt.” Hudson Iron Co. v. Stockbridge Iron Co., 107 Mass. 290; Shattuck v. Gay, 45 Vt. 87; Edmonds' appeal, 59 Penn. St. 220. It is said by Mr. Story, that all relief is forbidden, “ whenever the evidence is loose, equivocal, or contradictory, or it is in its texture open to doubt, or to opposing presumptions.” — 1 Sto
The application of this rule is fatal to the present case. The evidence is far from being sufficiently clear and satisfactory, to establish the alleged mistake in the deed made by Hall to the defendant, Jefferson Marsh. The chancellor so decided, and ■his decree is affirmed.
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