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74 Ala. 418

Marsh v. Marsh

Supreme Court of Alabama

Decided December 15, 1883

Supreme Court of Alabama · decided 1883-12-15

Heard before the Hpn. John A. Foster. The bill in this case was filed on the Jth November, 1882, 'by Needham Marsh, against Jefferson Marsh, who was his son, and against James Hall and wife; and sought the reformation of a conveyance of a tract of land, executed by said Hall and wife, in which the name of said Jefferson Marsh was inserted as the grantee.

Cited by 2 later decisions — most recently November 1890

2 state decisions

Relies on Stockbridge Iron Co. v. Hudson Iron Co. · Shattuck v. Gay · Clopton v. Martin

Good law ✅— No negative treatment on recordhow we know

Decided 1883-12-15

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SOMEBYILLE, J.

¶1— The rule is uniformly settled, that a court of equity will not reform a written instrument, by correcting an alleged mistake in it, on parol evidence, unless the mistake is plain, and clearly established by full and satisfactory proofs. Clopton v. Martin, 11 Ala. 187; 1 Brick. Dig. 685, § 664, and cases cited ; 1 Story’s Eq. Jur. § 157. As expressed by Mr. Waterman, “the parol testimony must be clear and strong, and such as to leave no doubt of the mistake.” — Waterman on Spec. Perf. § 380. In many adjudged cases, it has been said, that the mistake must be proved' “ beyond a reasonable doubt.” Hudson Iron Co. v. Stockbridge Iron Co., 107 Mass. 290; Shattuck v. Gay, 45 Vt. 87; Edmonds' appeal, 59 Penn. St. 220. It is said by Mr. Story, that all relief is forbidden, “ whenever the evidence is loose, equivocal, or contradictory, or it is in its texture open to doubt, or to opposing presumptions.” — 1 Sto*420ry’s Eq. Jur. (12th ed.) § 157. Mr. Pomeroy, in his recent and most excellent treatise on Equity Jurisprudence, says: “ The authorities all require, that the parol evidence of. the mistake, and of the alleged modification, must be most clear and convincing: in the language of some judges, ‘the strongest possible;’ or else the mistake must be admitted by the opposite party ; the resulting proof must be established beyond a reasonable doubt. Courts of equity do not grant the high remedy of reformation, upon a probability, nor even upon a mere preponderance of evidence, but only upon a certainty of the error.” 2 Pom. Eq. Jur. § 859, Note 2, and cases cited.

¶2The application of this rule is fatal to the present case. The evidence is far from being sufficiently clear and satisfactory, to establish the alleged mistake in the deed made by Hall to the defendant, Jefferson Marsh. The chancellor so decided, and ■his decree is affirmed.

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