Camper v. Rice
Camper v. Rice
Opinion of the Court
Bill filed by appellee, seeking a reformation of a certain deed executed to the appellant on August 19, 1916, upon the theory that the property therein attempted to be conveyed was incorrectly described, as a result of a mutual mistake.
There is no averment of fraud or inequitable conduct on the part of the respondent, and we are therefore here concerned only with the question of mutuality of mistake.
The bill clearly shows the lot intended to be sold, and that intended to be purchased by the respondent; that the property as described in the third paragraph of the bill, and so intended to be sold, was the only lot to which the complainant had a fee-simple title. The bill further shows that this was the only lot complainant offered to sell to the respondent, and was so measured by respondent, or her husband for her, and that this was the lot which respondent understood she had purchased. It is then averred that the description in the deed is erroneous and incorrect; that “through a mistake” the land described in Exhibit B to the bill was incorrectly described.
It is insisted that the expression “through a mistake” should be construed as intended to mean only a mistake of the complainant, and not a mutual mistake of the parties. Standing alone under the rule of construction of pleadings against the pleader, there might be some merit in this insistence, but, as previously stated, all of the averments of the bill are to be considered, and the language used to be given a reasonable construction. When this is done, we think it sufficiently appears, although the word “mutual” was not used, that the mistake here averred was a mistake of both parties at the time of the execution of the deed.
We are therefore of the opinion that the *581 decree overruling the demurrer should be affirmed.
Affirmed.
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