[DOWNLOAD] "Humble v. St. John Et Al." by Supreme Court of Montana ~ eBook PDF Kindle ePub Free
eBook details
- Title: Humble v. St. John Et Al.
- Author : Supreme Court of Montana
- Release Date : January 16, 1925
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Reformation of Instruments ? Deeds ? Mistake ? Evidence ? Insufficiency ? Equity ? Findings ? When Conclusive ? Oral Admissions, to be Viewed With Caution, When. Appeal ? Equity Cases ? When Findings Conclusive. 1. On appeal in equity cases the findings of the trial court will not be set aside unless there is a decided preponderance in the evidence against them. Reformation of Instruments ? Mistake ? Evidence must be Clear. 2. Before equity will intervene to correct an alleged mutual mistake in a written instrument, the evidence of the mistake must be clear, convincing and satisfactory. Same ? Evidence ? Insufficiency. 3. Evidence in an action to reform a deed on the ground of mutual mistake in inserting after the name of the grantee the words "and wife," held insufficient, under the above rule (par. 2), to warrant a holding that the trial court erred in finding against the plaintiff. Oral Admissions to be Viewed With Caution Where Declarant Dead. 4. Evidence of oral admissions must be viewed with caution, especially so where the party alleged to have made the admission is dead. Reformation of Instruments ? Construction of Deed. 5. Where a bond for a deed ran to one grantee alone, and the deed was subsequently issued to him and his wife, a finding of the court in an action by the former to have the deed reformed by eliminating the words "and wife" some twelve years after the execution of the deed and after the wife had died, that the deed had been given "pursuant" to the bond did not compel the conclusion that, failing to conform to the preceding agreement, plaintiff was entitled to have it reformed, since the word "pursuant" may be used to mean "following," in which sense the court employed it, as indicated by other findings. Appeal ? Equity ? Findings to be Construed as a Whole. 6. Findings in an equity case must be construed as a whole. Deeds ? Parties may Abrogate Written Agreement by Subsequent One. 7. The parties to an agreement may abrogate it by a subsequent one, and therefore may in a deed agree that it shall run to the purchaser "and wife" though in a bond for the deed it was provided that it should run to the purchaser alone. - Page 520