Coleman v. Morris
Coleman v. Morris
Opinion of the Court
Coleman and others brought a petition seeking to have reformed, on the ground of mutual mistake, a consent decree which was procured by them, and by which, as construed by this court, they lost a special lien which it is alleged they had acquired under a prior judgment on certain designated lots of land. This litigation has appeared in this court several times. It is alleged that when the consent decree was taken, “owing to the inadvertence, oversight, and neglect of the scrivener at the time said consent decree was drafted, it fails to speak the true intention of the parties thereto, and the omission and failure to incorporate in said consent decree all the agreement as hereinabove set forth was a mutual inadvertence, oversight, and mistake of all the parties to said consent decree at the time it was drafted and signed.” This decree did not have the effect of preserving for the plaintiffs, as they thought that it did, the special lien referred to, as was ruled by this court
Judgment affirmed.
Reference
- Full Case Name
- COLEMAN v. MORRIS
- Status
- Published