Succession of Jones v. Jones

486 So. 2d 1124
CourtLouisiana Court of Appeal
DecidedApril 2, 1986
Docket17692-CA
StatusPublished
Cited by19 cases

This text of 486 So. 2d 1124 (Succession of Jones v. Jones) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Succession of Jones v. Jones, 486 So. 2d 1124 (La. Ct. App. 1986).

Opinion

486 So.2d 1124 (1986)

SUCCESSION OF Howard M. JONES, Appellee,
v.
James Monroe JONES, Jr., et al., Appellants.

No. 17692-CA.

Court of Appeal of Louisiana, Second Circuit.

April 2, 1986.
Writ Denied June 6, 1986.

*1125 Michael E. Kramer, Winnsboro, for appellants.

Jones, Tete, Nolen, Hanchey, Swift & Spears by Kenneth R. Spears, Lake Charles, for appellee.

Before MARVIN, FRED W. JONES, Jr. and NORRIS, JJ.

NORRIS, Judge.

This appeal arises from a suit to reform an act of credit sale for immovable property. Plaintiff/seller, the Succession of Howard M. Jones, instituted suit against defendant/buyers, James Monroe Jones, Shirley Jones and Ricky Monroe Jones. From a judgment in favor of plaintiff/seller, defendants appeal asserting only that the trial court erred in concluding that plaintiff carried its burden of proving mutual error. For reasons expressed herein, we affirm.

The property involved in this dispute is two adjacent tracts of land situated in Tensas Parish, Louisiana, along Lake Bruin. The property was owned by the late senator Howard M. Jones and his wife, Louise Jones.[1] The southern tract of land traditionally served as a KOA Campground, contained approximately 9.291 acres, and is referred to throughout the record as the "campground area." The northern tract was primarily used for agricultural purposes, contained approximately 10.663 acres, and is referred to throughout the record as the "agricultural tract" or the "Tensas Land & Mineral Company tract." The senator and his wife had always treated the two tracts as separate pieces of property.

In late 1981, appellant, James Monroe Jones, spoke to Mrs. Louise Jones about purchasing the KOA Campground property. At this time the senator had passed away and the property was being held in *1126 succession. The Gulf National Bank of Lake Charles served as executor.

Negotiations ensued and Louise Jones employed Robert Wood to appraise the campground property. Shortly thereafter, the parties verbally agreed on a purchase price of $200,000 for the campground. It is not clear from the record when, but at some point during the negotiation process, Louise Jones gave the buyers a copy of Mr. Wood's appraisal. In this appraisal, dated September 4, 1981, Wood had correctly appraised only the campground or southern tract at $542,000. However, in securing the legal description and a plat of the property from the courthouse, Wood testified he had erroneously obtained and included in the appraisal a description and plat of the combined tracts.[2] After receiving the appraisal the buyers discovered that the legal description in the appraisal called for the inclusion of both the campground area and the agricultural tract to the north. On March 31, 1982 the buyers executed a buy-sell agreement for the KOA campground area wherein they agreed to purchase the "campground" from the succession of Howard Jones for $200,000. Gulf National Bank as the executor for the succession had prepared the buy-sell agreement and executed it in Lake Charles on April 6, 1982. This buy-sell agreement reproduced the erroneous legal description contained in the appraisal. The buyers remained silent. Then, in late March or early April of 1982, James Monroe Jones and family physically moved in and took over operations at the KOA campground. The campground had previously been operated by an employee of Louise Jones, Maggie Jones.[3] Maggie Jones stayed on with her new employers until May of 1982. On June 1, 1982, the parties executed the act of credit sale. The legal description contained in this act carried over the same legal description as had been contained in the buy-sell agreement.

The buyers continued to live on and operate the campground area. They entered a lease with Mrs. Louise Jones for the improvements located on the northern tract near the lake. They never requested any rent or share of the crop from the northern tract and they maintained two separate ledgers on the two tracts of land. The buyers did not pay any taxes on the northern tract and they did not attempt to insure it. Almost a year later, in March of 1983, the buyers informed Mrs. Louise Jones for the first time that they claimed ownership of the northern tract. Louise Jones disagreed and immediately notified the bank that there had been a mistake in the legal description of the land. The bank initially attempted to remedy the situation by having the buyers execute an act of correction. One of the original buyers, Anita Boyd Jones,[4] complied and signed an act of correction on January 21, 1984, stating that she never intended to buy the northern tract; she deeded it back to the seller. However, the remaining buyers, James Monroe Jones, Shirley Jones and Ricky Monroe Jones refused and the instant litigation followed.

After a trial on the merits, the trial judge found that the plaintiff had carried the burden of proving mutual error and ordered the act of sale to be reformed accordingly. From this judgment defendants appeal alleging as error that the evidence was insufficient to support a finding of mutual error. Appellants derive two issues from this general assignment of error: (1) whether the evidence presented was sufficient to satisfy the burden of proof required of the plaintiff in a reformation action; and (2) whether the trial court's *1127 conclusion that appellant James Monroe Jones was much more knowledgeable regarding the property sold than Louise Jones constitutes a sufficient basis to order a reformation.

DISCUSSION

It is well established that either party to a contract is permitted to correct any error in an instrument purporting to evidence the contract, so as to make it express truly and correctly the intention of the parties, provided that the rights of third parties have not intervened. Wilson v. Levy, 234 La.719, 101 So.2d 214 (1958). This includes the right to correct inaccurate legal descriptions contained in real estate contracts. Freeman v. Williams, 450 So.2d 1030 (La.App.1st Cir.1984), writ not considered 456 So.2d 162 (La.1984); Pipes v. Pipes, 343 So.2d 329 (La.App.2d Cir. 1977), writ denied 345 So.2d 904 (La.1977). As summarized by this court in the case of Custom Financing of Bossier City, Inc. v. Williams, 340 So.2d 649, 650-651 (La. App.2d Cir.1976),

The law respecting reformation of instruments is well settled here and elsewhere, it is an equitable remedy and lies only to correct mistakes or errors in written instruments when such instruments, as written, do not express the true contract of the parties. See Ober v. Williams, 213 La.568, 35 So.2d 219.

The burden is on the party seeking reformation to establish the necessary elements by clear and convincing proof, parol evidence being admissible for this purpose. Agurs v. Holt, 232 La.1026, 95 So.2d 644, (1957); Levy, supra; Custom Finance, supra. The most commonly used ground for reformation is mutual mistake of the parties. Holt, supra. A mutual mistake is a mistake shared by both parties to the instrument at the time of reducing their agreement to writing, and the mistake is mutual if the contract has been written in terms which violate the understanding of both parties; that is, if it appears that both have done what neither intended. The evidence of mutuality must relate to the time of the execution of the instrument and show that the parties then intended to say one thing and by mistake expressed another and different thing. 66 Am.Jur.2d, Reformation, § 23.

As noted in Holt and

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486 So. 2d 1124, Counsel Stack Legal Research, https://law.counselstack.com/opinion/succession-of-jones-v-jones-lactapp-1986.