FRANK FRANKLIN, APPELLANT,
v.
LOTON M. JONES, ADMINISTRATOR, &C., APPELLEE
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Frank Franklin sought to reform a deed he executed to his mother, Mary Burrill, in 1874, claiming he intended to convey only a life estate but the deed conveyed fee simple. The Florida Supreme Court affirmed the dismissal of his bill, holding that the evidence did not meet the rigorous standard required for equity to reform a written instrument.
Equity will not reform a written instrument unless the mistake is plain and the proof is full and satisfactory. Here, Franklin's evidence was loose, contradictory, or equivocal and was contradicted by the defendant's answer and witnesses, therefore the evidence did not meet the legal standard required for reformation.
“while equity would reform a written instrument when by a mistake it did not contain the true agreement of the parties, yet it would only do so when the mistake was plain and the proof was full and satisfactory.”
Establishes the rigorous standard required for equitable reformation of written instruments.
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Join FLexlaw to unlock all legal intelligenceIn 1874, Frank Franklin conveyed by deed to his mother, Mary Burrill, lot 2 in block 114 in Jacksonville. Franklin claimed he intended to convey only …
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The Chief-Justice delivered the opinion of the court:
Frank Franklin filed his bill in the Circuit Court of Duval county against Mary Burrill. The bill alleges that on the 26th day of March, A. D. 1874, complainant conveyed by deed to the defendant lot 2 in block 114, in the city of Jacksonville. That by the said deed of conveyance your orator only intended to convey to said Mary Burrill an estate in said lot during her natural lifetime, and inetnding to retain the fee simple in the same in himself.
That the defendant was his mother and that he received no consideration of any kind for the lot.
The bill prays that the deed may be decreed to be null and void, and instead thereof, that the court may decree to defendant a life estate in the property. The defendant answered the bill denying all the material allegations therein and alleging that she purchased the lot from the complainant for the consideration of one hundred dollars as expressed in the deed.
The defendant having died after putting in her answer, Jones, as her administrator cum testamento annexe was made a party defendant.
The complainant filed a general replication.
Testimony having befen taken by both parties, and the cause coming on for a hearing, the chancellor dismissed the bill and the complainant appealed.
In the case of Jackson et al. vs. Magbee et al., 21 Fla., 622, this court held that while equity would reform a written instrument when by a mistake it did not contain the true agreement of the parties, yet it would only do so when the mistake was plain and the proof was full and satisfac tory. That the writing should be deemed to be the sole expositor of the intent of the parties until the contrary was established beyond reasonable controversy. That such relief would not be granted where the evidence was loose, contradictory or equivocal. A review of the evidence for the complainant fails to assure us that it is of that character and sufficiency which the law requires, and is contradicted by the answer and the evidence of witnesses for the defendant.
There was no error in the decree of the court, and the same is affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Jacobs v. Parodi, 50 Fla. 541 (Fla. 1905)…ced finds ample support in the authorities. [*554] See Lee v. Percivel, 85 Iowa, 639; 52 Northwestern, 543 and authorities there cited; Silbar v. Ryder, 63 Wisconsin 106; Benson v. Markoe, 37 Minnesota 30, 33 Northwestern Rep. 38; Franklin v. Jones, 22 Florida 526; Jackson v. Maybee, 21 Fla., 622. Where an agreement has been actually entered into, but the contract, deed or other instrument in its written form does not express what was really intended by the parties thereto, equity has jurisdiction to reform…
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Horne v. The J. C. Turner Cypress Lumber Co., 55 Fla. 690 (Fla. 1908)…, and authorities there cited; Griffin v. Societe Anonyme La Floridienne J. Buttgenbach & Co., 53 Fla. 801, 44 South. Rep. 342. The following authorities will also prove instructive upon this point: Jackson v. Magbee, 21 Fla. 622; Franklin v. Jones, 22 Fla. 526. It is a further established rule that the allegata and probata must reciprocally meet and correspond. Lyle v. Winn, 45 Fla. 419, 34 South. Rep. 158, and authorities there cited; Pinney v. Pinney, 46 Fla. 559, 36 South. Rep. 95, and authorities cite…
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Griffin v. Societe Anonyme la Floridienne, 53 Fla. 801 (Fla. 1907)…instruments, and the character of the evidence required in such cases, have been passed on in a number of cases by this court. In Jacobs v. Parodi, 50 Fla. 541, 39 South. Rep. 833, we followed and re-affirmed the rule laid down in Franklin v. Jones, 22 Fla. 526, where it is held that “while equity would reform a written instrument when by mistake it did not contain the true agreement of the parties, yet it would only do so when the [*820] mistake was plain and the proof was full and satisfactory; that the…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Jackson v. Magbee, 21 Fla. 622 (Fla. 1885)