Hilts v. Hilts
Hilts v. Hilts
Opinion of the Court
delivered the opinion.
This is a suit to reform a deed. The complaint alleges that prior to December, 1898, C. W. Ladd and wife conveyed to the plaintiff a farm of one hundred and sixty acres in Union County, and certain town property in the City of La Grande, by separate deeds ; that in December, 1898, plaintiff and defendant made and entered into an agreement by the terms of which plaintiff was to convey to defendant the town property, but, by mistake of the parties and the scrivener, conveyed the farm instead ; that plaintiff-discovered the mistake in March, 1899, and, in order to correct it and carry out the agreement, he made, executed, and delivered to her a good and sufficient deed conveying the town property, and then and there requested and demanded of her a reconveyance of the farm, which she refused and still refuses to make. The answer admits the conveyance by C. W. Ladd and wife to the plaintiff of the farm and town property, the execution by plaintiff of the deed conveying the farm to defendant, and-the execution and delivery to her in March,
The questions involved in this case are purely questions of fact. The evidence shows that at the time of the marriage of the parties hereto, some time prior to 1896, the plaintiff was without property or means, but the defendant owned considerable property ; that, subsequent to the marriage, plaintiff looked after, and to some extent managed, his wife’s property, and the proceeds therefrom and all moneys received by her were deposited in the bank to the joint account of both, or at least were subject to check by either; that the purchase price of the farm in controversy was $100 in cash, some mules valued at $300, and an agreement to discharge a mortgage thereon of $1,200; that the $100 in cash was paid from the defendant’s funds, and a joint note of plaintiff, and defendant
Reference
- Full Case Name
- HILTS v. HILTS
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- Published