Eichelberger v. Cooper

Mississippi Supreme Court October 15, 1911

Eichelberger v. Cooper, 101 Miss. 253 (Miss. 1911)

57 So. 808

Whiteield

Opinion of the Court

Whiteield, C.

The chancery court had jurisdiction, in the case made by this record, to reform the deed between Eichelberger and Cooper, if the proof warranted any reformation, and then to adjust the equities between the parties, and enter a decree for the one or the other, as the evidence might *259warrant, on the matters growing ont of the warranty on the one hand and the costs to Cooper of getting in the outstanding claims on the other.

Per Curiam.

The above opinion is adopted as the opinion of the court, and for the reasons therein indicated the decree is reversed and the cause remanded, to be proceeded with in accordance with this opinion.

jReversed and remanded.

Reference

Full Case Name: W. H. Eichelberger v. A. W. Cooper
Status: Published
Syllabus: Reformation of Deeds. Mistakes. Equity jurisdiction.' A bill in equity will lie for the reformation of a deed and to adjust the equities between the parties, where complainant charges 1 that when he conveyed certain lands to defendant, it was agreed that complainant was not the sole owner of one of the tracts, and that he was conveying only his interest therein, that he left the preparation of the deed to defendant who was an attorney, and assumed that it would be drawn according to their agreement, but that instead the deed contained a warranty, of title as to both tracts and defendant had refused to pay the purchase price because of an alleged breach of warranty.