Morrison v. Hardin
Morrison v. Hardin
Opinion of the Court
delivered the opinion of the court.
This is a bill by Hardin to correct and reform a deed to a certain parcel of land, which was submitted to the chancellor upon the sole proof of the complainant. Hardin testified and fully explained the mistake sought to be corrected, and the case was decided upon his sole testimony, nothing being offered upon the side of Morrison. Morrison made an answer under oath, but the bill of Hardin expressly waived answer under oath, and the answer of Morrison can only have the effect of
Affirmed.
Reference
- Full Case Name
- Matthew Morrison v. Henry Y. Hardin
- Cited By
- 1 case
- Status
- Published
- Syllabus
- 1. Chancery Practice. Answer. Oath waived. Code 1892, $ 534. Under code 1892, § 534, authorizing' complainant to waive defendant’s oath to an answer to a bill in equity, a sworn answer, where the oath was waived, is of no greater effect than an unsworn one. 2. Land. Description. Quantity. When controlling. Quantity is a part of the-description of land when given in a deed, and when it is made more certain and material than boundary, and is the leading object of the grant, it should govern in ease of conflict.