-14- Commissioner, supra; Dodge v. Commissioner, T.C. Memo. 1968-238; see also Dodge v. United States, 413 F.2d at 1243. Under Georgia law, equity may intervene and reform a conveyance when the instrument fails to express accurately the intention of the parties. Ga. Code Ann. sec. 23-2-25, 23-2-30 (1982); Curry v. Curry, 473 S.E.2d 760, 761 (Ga. 1996); Fox v. Washburn, 449 S.E.2d 513, 514 (Ga. 1994); Sheldon v. Hargrose, 100 S.E.2d 898, 900 (Ga. 1957); McCollum v. Loveless, 200 S.E. 115, 117 (Ga. 1938). Reformation as applied to a contract is a remedy cognizable in equity for the purpose of correcting an instrument so as to make it express the true intention of the parties, where from some cause, such as fraud, accident, or mistake, it does not express such intention. The remedy is not available for the purpose of making a new and different contract for the parties, but is confined to establishment of the actual agreement. Cotton Sales Mut. Ins. Co. v. Woodruff, 451 S.E.2d 106, 107 (Ga. Ct. App. 1994). The cause of the defect is immaterial so long as the mistake is common to both parties to the transaction. Curry v. Curry, supra; Sheldon v. Hargrose, supra. A petition for reformation will lie where by mistake of the scrivener and by oversight of the parties, the writing does not embody or fully express the real contract of the parties. Curry v. Curry, supra; McLoon v. McLoon, 136 S.E.2d 740 (Ga. 1964). In order to justify relief in equity to a party claiming mistake, the evidence must be clear, unequivocal, and decisive as to the mistake. Scurry v. Cook, 59 S.E.2d 371 (Ga. 1950). ThePage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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