Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-06-09
OFFICIAL.
Opinions Oftbe Supreme Court OF the state
of Tennessee, delivered AT Nashville, at
December Term, 1855.
Be,iamin Barne, ,,. Andrsr Grernr,

The complainant the defendant small tract n and
on stones river in Davidson county The deed gives esp
less and the consideration sI0jO - ~ -
This bill Is i as to quantity ef land
to the extent OF fifteen and claiming s per FOR the
Ii 5carged that the BY the qualti
deed the survey was MADE y one Hon spd the ousnttv
asceranei, and lied from him. his
notes executed for thirty instead Of the true quantity
The aeendantdenes that the sale was by the acre but insists
he by have it as containing thirty acres
whether 1t we're more or less than that quantity lie relies
ms de as written evidence Of the contract which cannot be
changed by plroi. Ia
Ths proof leaves doubt upon mind, the
having been sale by the acre and not in gross Il Is clearly
shed that understood ~ both pares both ~ their
actions and declarations though the defendant denied
u, Inc I@e i survey vas 70 be made before eexecution OF
the last note for the consideration ie
elusive Of that fact. 1t entirely when cobne with The de-
osTaons OF both parties at before and atsr tnat time
The testimony al strong presumption, that the de
iendant knew Of the excess e the writings drawn and
signed, and concealed complainant. The facts are, that
the survey made by Hamilton the day agreed but
that night, and the day parties the
house Of plaiuan and execute the writings Tie contract stu
sad together at the house Of ehor and retuinel next day,
about dinner time, w the deed aHd and teiGg great
hurry procured to s signed by the cumpisran delivered his
notes ami went or Atthe time Of sgnias abe e.s comp lam
Thirty acres aa relcrT the eoatrae aat whether more
s a ie h $ sot Toa Pn E I'm Rfi % Ss,y 5Ss ,
pay 81 go fr the tract, SJ percre iof thirty without
regard to the actual nuaber So after short conversation he
e character sead home, carrying the deed with him.
1t is impossible the mind these facts. that he
and lano1 had Gale ejaculation uPon The filled HVte that
night at least far toLe c0nynce that The tract exceeded
thirty and that this fact purose csea fruih the
complainant appears that the complainant weak and
said what literally when that hs had
male accurate calculation quality, and
not know quantity. But that he DID know there
more than hTt acIess there he question lie should
nave SEATED t ei to compi inan and not supposed IT, when
uir- Of that point, and especially with the
BIt sill il IS conenird that the deed must be taken as con-
tanning the true and u ooltrae and that no pAol testimony
can he heard so change or reform u.
That sai general anil equity no
will be question. But is just unquestioDae
this may done where clear proof made Of mis-
take positions too familiar permit refeFece
The power Of aCOurtof Equity reform in Of
fraud or exercsedby this Court ia Williams Con-
all collected in White and TudOrs Lead Ca, Vol p
SIS 5J6.
trne Of 0riRg deeds by the proof OF mistake or fraud The
del rrps gives bounlar escsrree according
Of the con That the consideration deed
only and may e oontrover!ei BY paro has hen
often held TINS deed is silent as TO the disputed question:
the sale By the in gross To establish the
former aud obtain pay for the cols quantity sold Is the object
Of the BILL This faet may be made oat BY paroi eNnse
written evidence. At the Knoxville in ths OF
Ben y Miller and wife, reported, gave res % the
purchaser, Benty tie ground that the sale ws By the
acre proved by etrnse evidence where the deed like
present because OF deficiency Of Such IS The uni
form course decison where suhlnIa deficiency,
fraud or imposition Not where TIE contract fair, and The
sale IS by the upon the judgment Of the parties The
where there is for Ehieh BY mistake
fraud h. received no compensation. has been deprived Of
the his contract Of by Horn Denton
@ e,nnalBaDt then is entitled to relief upon te grounds
f M actaal contract the in tn settlements carried
Tis isep Of he Chancellor will Affirmed ssts and
the ause reandsd or further proceedings upon his decree which
is in all things correct CAsrrHERs.
Aeorrectbopy,J. ,. P. oLARE, Clerk, l.s-. -.s .