noting that when a deed conveying land contains an erroneous or ambiguous description, the parties to the deed are always permitted to reform the deed
How later courts described this case
- noting that when a deed conveying land contains an erroneous or ambiguous description, the parties to the deed are always permitted to reform the deed
- A sale by given bounds conveys only the property within such bounds, and acreage designations appended to such specific descriptions do not enlarge or restrict the grant described by the specific bounds.
- reformation is normally unavailable to those who assert rights arising from an agreement to which they were not parties
- deed may not be corrected to the prejudice of a third party
Written by the judges who cited it.
The opinion
HAMITER, Justice
(concurring in part and dissenting in part).
For the written reasons which I assigned on the original hearing of this cause I agree that the suit should be dismissed as *793 to tract No. 2. And for the same reasons I am of the opinion that plaintiff’s demands should be rejected also as to tracts Nos. 1 and 3.