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Boone v. Scott

187 S.E. 432, 166 Va. 644, 1936 Va. LEXIS 226
CourtSupreme Court of Virginia
DecidedJune 11, 1936
StatusPublished
Cited by7 cases

This text of 187 S.E. 432 (Boone v. Scott) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Boone v. Scott, 187 S.E. 432, 166 Va. 644, 1936 Va. LEXIS 226 (Va. 1936).

Opinion

Hudgins, J.,

delivered the opinion of the court.

The object of this suit is to correct an alleged mutual mistake in the description of a certain tract of land conveyed by deed, bearing date July 9,1924, from Lucy Jackson Scott to Howard Boone. From a decree reforming the deed according to the prayer of the bill, this appeal was allowed.

On July 29, 1872, A. L. Parker, and wife, conveyed to Raleigh Chaney a certain parcel of land lying in Elizabeth City County described as follows: “That certain piece or parcel of land, containing two and a half acres, situated in the county of Elizabeth City and bounded as follows: viz.: On the north by the main road, on the east by George Freeman and Bates, on the south by Bates, on the west by Richmond Gray * * *.”

On May 10, 1895, Raleigh Chaney conveyed to his son, James Chaney, a lot fronting 51 feet on the main road, extending back 110 feet, being the extreme western part of the two and one-half (2%) acres purchased from A. L. Parker. Sometime in 1909, Raleigh Chaney died [646]*646testate. The pertinent paragraphs of his will are as follows : “Third: I give to my son William Chaney a lot of land fronting on the main road 50 feet and running back therefrom 150 feet, between parallel lines and adjoining the lot that I have conveyed to my son James Chaney.

“Fifth: I give to my said daughter, Lucy Chaney, all of the property of which I may die seized and possessed, not hereinbefore disposed of, whether the same be real, personal or mixed, in fee simple to be used and; disposed of as she may think proper.”

On opposite page is a rough sketch of the two and one-half acre tract conveyed to Raleigh Chaney, showing lot A conveyed to his son, James; lot B devised to his son, William, and the residuum, lot C, devised to his daughter, Lucy Chaney, who subsequently married Jackson Scott.

James Chaney died intestate, leaving a widow, Fanny Chaney, and an infant son, William Chaney II, who1 died in 1921 under 21 years of age. The widow of James Chaney married one Booth, and continued to live in the house erected by James, on lot A, and with the consent of the owners, used lot B as a garden. After James’ death, and while her son, William Chaney, II, was living, she obtained an order of court to borrow money for the purpose of making improvements on the lot.

In 1924 Lucy Jackson Scott, nee Chaney, sought to borrow $75 from A. L. Powell, a member of a real estate firm in Newport News. At his request she delivered to him the old deed from A. L. Parker, and her father’s will, which was dated July 15,1898, hut had not been admitted to probate. Mr. Powell lent her the money, took a deed of trust on the land to secure its payment, and recorded this trust deed June 23, 1924. On the same date the will was probated. A few days later Powell informed Lucy Jackson Scott that he knew a party who desired to buy her land. She agreed to accept $300 for the land devised her by her father, and when Mr. Powell asked her to sign the deed bearing date July 9, 1924, she, without reading, signed and acknowledged it, trusting and believing that

[647]

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Bluebook (online)
187 S.E. 432, 166 Va. 644, 1936 Va. LEXIS 226, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boone-v-scott-va-1936.