Long v. Vielle
| Decision Date | 04 August 1989 |
| Citation | 549 So. 2d 968 |
| Parties | Athalie D. LONG v. Yvonne VIELLE f/k/a Yvonne Vielle Bowers. 87-1338. |
| Court | Alabama Supreme Court |
Thomas M. Galloway of Collins, Galloway & Smith, Mobile, for appellant.
Julie L. Christie, Mobile, for appellee.
This is an appeal from a judgment reforming a deed to real property located in Mobile County.
The facts are as follows. In February 1979, Yvonne Vielle, formerly known as Yvonne Vielle Bowers, was the grantee in a deed, executed by Athalie D. Long pursuant to a contract for the sale of real property for $10,000. Long also conveyed the property adjoining Vielle's property to Vielle's mother. Specifically, Long conveyed to Vielle a parcel of land consisting of two lots, which we will refer to as lots one and two. 1 Vielle was actually put in possession of, and claimed to own lots one, two, and three. The land in question here is lot three. Vielle and Long agree that the deed conveyed to Vielle lots one and two; Vielle contends that the deed should be reformed to include a description of lot three. She argues that it was the intent of the parties that Long convey these three lots and that by mutual mistake the deed referred to only lots one and two.
The record reveals that shortly after purchasing the property, Vielle undertook to clear off the property with a tractor and a large mower. After clearing off the property, Vielle installed a septic tank and placed a mobile home and a wooden storage building on the property. Long never voiced any complaints concerning the improvements made on the property.
Approximately one year after Vielle obtained possession of the subject property, Long received a property tax assessment for the property on which Vielle's mobile home was situated. Long forwarded the assessment to Vielle. Vielle, in turn, went to the courthouse to check on the status of her property taxes. No error in the assessments Vielle had previously received was discovered, nor was there any indication that she was delinquent in the payment of property taxes.
In May 1986, Vielle discovered that Sharon Long, daughter-in-law of Athalie Long and neighbor of Vielle, had recently purchased lot three from the State of Alabama for back taxes owed.
Vielle sued Athalie D. Long, seeking reformation of the deed description so that it would reflect what Vielle contended had been the true intentions of the parties.
The trial court, after hearing testimony, entered an order on March 25, 1988, reforming the deed. That order provided as follows:
The first issue we address is whether there was sufficient evidence before the trial court of a mutual mistake on which to base a reformation of the deed.
It is readily apparent, from a reading of Athalie Long's testimony at trial, that both parties were under the mistaken belief that the deed conveyed the property from the Burns property line (i.e., the line of a certain neighboring landowner) to within 100 feet of the Grand Bay water tower. In essence, the description contained within the deed erroneously omitted a portion of the property intended to be conveyed. The following testimony of Athalie Long, given on cross-examination, clearly exposes her intentions regarding the conveyance:
It is axiomatic that a court in Alabama may exercise its equitable jurisdiction to reform a deed that does not accurately reflect the intentions of the parties. "One ground for reformation of a written instrument is mutuality of mistake." Powell v. Evans, 496 So.2d 723, 725 (Ala.1986). (Citations omitted.) With regard to mutuality of mistake, this Court in Palmer v. Palmer, 390 So.2d 1050, 1053 (Ala.1980), stated:
The trial court did not err in reforming the deed.
We must next determine whether Sharon Long was a bona fide purchaser for value. Reformation should not be granted if a bona fide purchaser has since acquired legal title to the disputed property "in good faith for value without notice, either actual, constructive, or inquiry, of the grounds for reformation." Lee v. Brown, 482 So.2d 293, 297 (Ala.1985).
Alabama Code 1975, § 35-4-153, provides:
"When, through fraud, or a mutual mistake of the parties, or a mistake of one party which the other at the time knew or suspected, a deed, mortgage or other conveyance does not truly express the intention of the parties, it may be revised by a court on the application of the party...
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Neal v. Neal
...over [a necessary party] before proceeding to adjudicate any issues affecting that entity's interests"). But see Long v. Vielle, 549 So.2d 968 (Ala.1989), and J.R. McClenney & Son, Inc. v. Reimer, 435 So.2d 50 (Ala.1983). On the other hand, neither the Florida attorney general nor any other......
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...value, and the like, a court of equity may grant appropriate relief. Goodrich v. Lathrop, 94 Cal. 56, 29 P. 329 (1892).’ ”Long v. Vielle, 549 So.2d 968, 971 (Ala.1989)(quoting Palmer v. Palmer, 390 So.2d 1050, 1053 (Ala.1980)). “[W]hen a writing through mutual mistake of the parties, or mis......
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...Mallett, 445 So.2d 276, 278 (Ala.1984). One of the grounds for reformation of a deed is mutual mistake of the parties. Long v. Vielle, 549 So.2d 968, 970-71 (Ala.1989). A mutual mistake exists when the parties have entered into an agreement, but the deed does not express what the parties in......
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