Conveyance – Intent of Parties Prevail

To justify reformation of instrument, mistake must be proven by clear and convincing evidence. Where there is no mistake as to identity of land intended to be conveyed, but there is a mistake in description of it, equity may reform the instrument to conform to the true intentions of the parties. In this case, the mistake was discovered when a survey was made. Booth v. Wilkinson, 195 Neb. 730, 240 N.W.2d 578 (1976); Ready Sand and Gravel Co. v. Cornett, 184 Neb. 726, 171 N.W.2d 775 (1969); Lippire v. Eckel, 178 Neb. 643, 134 N.W.2d 796 (1965).

Up ↑

%d bloggers like this: