Barber v. Barber
Barber v. Barber
Opinion of the Court
delivered the opirnon of the court.
We think the chancellor was authorized by the evidence to deny complainant the relief sought by his bill; at least,, we are hot prepared to say that the chancellor was wrong in his interpretation of the evidence. We do not think the bill should have been dismissed, but should have been retained for a final decree upon the pro confesso-taken against the original vendor of the land, and after the reformation of the deed the court could then require Mrs., Barber to refund the money paid to her by appellant within a reasonable time, and, in default of her SO' doing, the decree should'order the interest of Mrs. Barber in the land sold for this debt. The costs of this ap-r peal will be divided between F. M. Barber and Mrs. S. E.. Barber.
Reversed and remanded„
Reference
- Full Case Name
- F. M. Barber v. S. E. Barber
- Status
- Published
- Syllabus
- Equity. Decree. Several defendants. Cancellation of instruments. Provision for restoration. Where a party owning certain real estate dies intestate leaving his widow and several children as his heirs, and the widow deeded her interest in the land to appellant, one of the children, and it was found that such deed from the widow was defective in the description as was also the deed to the intestate to such land, and the appellant with the other children filed a bill in equity against the widow and the grantor in the deed to the intestate to have both deeds reformed, and the pro confesso was taken against the original grantor, but the widow filed a cross-bill to cancel her deed on account of fraud, the court in cancelling the deed from the widow, should not have dismissed appellant’s bill, but should have retained it for a final decree upon the pro confesso taken against the original vendor of the land, and after reformation of the deed, the court should have then required the widow to refund the money paid her by appellant within a reasonable time or in default of her so doing, should have decree.d that the widow’s interest in the land be sold for this debt.