Grover v. Grover
| Citation | 144 Fla. 787,198 So. 680 |
| Court | United States State Supreme Court of Florida |
| Decision Date | 22 November 1940 |
| Parties | GROVER v. GROVER et al. |
Rehearing Denied Dec. 9, 1940.
Suit by Loretta Veronica Grover against James B. Grover and another, to reform a deed and remove cloud from title. From a decree dismissing the bill, complainant appeals.
Reversed. Appeal from Circuit Court, Dade County; Arthur Gomez, Judge.
Knight & Green, Dewey Knight, and W. Clifton Green, all of Miami, for appellant.
Arthur S. Friedman, of Miami, for appellee.
This is a suit to reform a deed and remove cloud from title because of a clerical error by the scrivener. It was not a case of mutual error.
Several questions are argued, but all turn on the fact of whether or not the Chancellor properly interpreted the evidence.
The Chancellor sustained exceptions to the Master's report, denied reformation and dismissed the bill. We think the Chancellor was in error. The evidence as a whole amply supports the prayer for reformation which should have been granted.
Reversed.
WHITFIELD and BROWN, JJ., not participating as authorized by Section 4687, Compiled General Laws of 1927, and Rule 21-A of the Rules of this Court.
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Itvenus, Inc. v. Poultry, Inc., s. 71--543
...committed in reforming the deed to include the South 35 feet. See Jacobs v. Parodi, 50 Fla. 541, 39 So. 833 (1905); and Grover v. Grover, 144 Fla. 787, 198 So. 680 (1940). The final judgment found the purchasers (Udell) were not estopped from asserting set-offs against the assignee of the o......