Baldwin v. Christopher (75 Fla. 605, 1918)

Whitfield, J.

This proceeding seeks reformation of a deed of conveyance so as to make a provision therein contained “exempting and reserving from the lands * * * described * * * all * * * above 88 acres, which reservation to be taken from the west end of said land,” read “east end” instead of “west end.” Other incidental relief is also prayed.

The second amended bill of complaint filed by leave of court on March 9, 1915, in effect alleges, among other matters, that on March 17, 1855, by virtue of a grant from the United States of America, and certain mesne conveyances, one Robert Bigelow was seized' and possessed of - an estate in fee simple absolute in described lands with authority to sell and convey the same, and! on said day Robert Bigelow and wife did convey to Abel S. Baldwin and his heirs said .lands described as “all that certain piece and parcel of land,' lying and being situated on the West side of the River St. Johns in the county and State aforesaid, and containing eighty-nine acres more or less, said piece of land being a part of the tract of land known as the Smithfield tract. The said piece or parcel of land is bounded as follows: On the north by the land of Ephraim Harrison, on the West by lands of George Huston on the south by a portion of' said Smithfield tract, and on the East by the.River St. Johns. The first line begins at a post on the margin of the St. Johns River and runs west, three- degrees North fifty-seven and one-half chains, on the line bounding Ephraim Harrison’s land to a * * * post, the second line runs south fifteen chains to a post, the .third line runs East three degrees South fifty-eight chains to a post on the margin of the River St. Johns,- and the fourth line runs along the margin of said St. John’s River to the place of beginning,” referred to as the “Bigelow Tract;” that said Abel S. Baldwin entered into possession of every part and parcel of said land above described, including the riparian rights;” that in March, 1855, “and until the present time the eastern end of said Bigelow tract consisted of marsh land extending to the margin of the St. Johns River, and comprising, to-wit, about twenty (20) acres of land, and that all ■the rest of said tract was high and arable and that said conditions still exist to the present time;” that on May 16, 1866, “said Baldwin and wife conveyed to one George Hancock one acre of said Bigelow Tract, described as follows: ‘One acre,known as part of a tract conveyed to Á. S. Baldwin by Robert Bigelow and wife, on the west bank of St. Johns River, containing one acre, on the northeast corner of tract, commencing in marsh on northeast corner of said tract, 100 feet from highland; thence running west along said line of lands owned by Ephraim L. Harrison, 420 feet to a stake; thence south 105 feet to a stake; thence east 420 feet to a stake in the marsh; thence north-105 feet to place of beginning, being one acre out of the tract which by agreement is to be conveyed to James Ross upon fulfillment of certain conditions, and the sale of this acre is made at the request of James Ross for his benefit, and by his approval, he not being able to give legal title to the same, which. deed was duly recorded in the public records of Duval County, Florida; ‘that the name ‘James Ross’ was an alias for a negro named James Lewis to be referred to in the next succeeding paragraph;’ that on January 10, 1867, the said Baldwin at the request of said James Lewis, alias James Ross, executed a deed' of conveyance to one Moses White, for one acre of land described as ‘situated in the Bigelow tract on west side of St. Johns River, said one acre lying adjacent to that occupied by Joshua Jones, and lying about 30 chains from the St. Johns River and 300 feet from west line -of the Smithfield Tract;’ that some time prior to September 13, 1867, said Baldwin at the request of said James Lewis, conveyed one acre each to one Daniel Clarke and one Henry Stephens, being part of said Bigelow tract; that complainants have been unable to procure a description of the said one acre tracts, but upon information and belief allege -that said tracts were a part of the Bigelow tract which lies west of the said marsh land; that On September 13, 1867, the said Abel S. Baldwin and wife in consideration of $498.00-executed a deed of conveyance to said James Lewis, whereby they conveyed to him seventy-nine (79) acres of the said Bigelow Tract; that complainants have been unable to procure an inspection of the said original deed, and that the description of said 79 acres of land as it appeared from the record of said deed is as follows: “Seventy-nine acres of the Smithfield Tract on west side of St. Johns River, bounded on north by lands formerly of Ephraim Harrison (now of H. Bisbee) west by lands formerly of Dr. J. W. Mitchell, east by River St. Johns; beginning at a post on margin of river, run W. • 3° N. 57.50 chains on south line of Ephraim Harrison to post; S. 15 chains to post; W. 3° S. 58 chains to post on margin of river; thence along margin of river to place of beginning; reserving from the lands all' and above eighty-three acres, which reservation to be taken from the west end of said lands described as above, and said 83 acres including the 4 acres conveyed to George Hancock, Moses White, Daniel Clark and Henry Stephens, respectively, by the said parties of the first part, at the request of said party of the second part; and it is not the intention of this deed to grant any estate in said acres; that said land hereby conveyed being 79 acres of the tract conveyed to said Baldwin by Robert Bigelow, Trustee,' March 17, 1855; that said deed was recorded-in Deed Book 0 page 73; that as to the part of said Bigelow Tract conveyed to' James Lewis by Abel S. Baldwin and wife by deed dated September 13, 1867, it was the intention of said Abel S. Baldwin and James Lewis, that the 79 acres thereby to be convéyed and also the three acres conveyed respectively. to Moses White, Daniel Clark and Henry Stephens, should be taken from the western end of said' Bigelow Tract; and that all the remainder of said tract consisting of marsh land lying next to the St. Johns River should be reserved by said Abel S. Baldwin, and .that, it was so mutually and finally .agreed between them; and that by mutual mistake on the part, of the said Abel S. Baldwin and said James Lewis, the said reservation was expressed to be taken from the west end of said Bigelow Tract either in writing of said deed of. September 13, 1867, or else in the recordation thereof; and that it was then and there, as your orators are informed and believe, and upon said information and. belief alleged the true, intention of. the said Abel S. Baldwin to convey, and of the said James Lewis to receive a conveyance of the said seventy-nine (.79) acres of . which the said James Lewis afterwards - took possession; that in pursuance of, the true intention of an agreement between the said Abel S. Baldwin and James Lewis, as alleged in the preceding paragraph, the said James Lewis entered into the .possession of the extreme western 79 acres of the said Bigelow Tract and occupied and claimed up to the west boundary thereof, and sold' off portions of said tract abutting on the west line thereof, and left open and unoccupied a large part of the said Bigelow Tract lying next to the St. Johns River of sufficient dimensions to satisfy the. reservation made by said Abel S. Baldwin; and neither of the said deeds to Henry Steyens, Daniel Clark or Moses White covered the said portion of said Bigelow tract next to the St. Johns River; and neither of the. said parties ever-occupied the same; that about, to-wit, ■ March 14, 1883, the said James Lewis caused the whole west part of said Bigelow Tract to be surveyed and platted in Blocks, Lots and streets, and lie caused the said plat thereof to he recorded under the name of Lewisville, in Deed Book A.L., page 498, records of Duval County, Fla.; and that the said blocks and lots so platted and laid off abutted upon the west line of said Bigelow Tract and extended eastward towards the St. Johns River to a point in said marsh, over 800 feet from the St. Johns River. And that on April 24th, 1886, the said James Lewis made and recorded in Plat Book 1, page 25 of the records of Duval County, Fla., another plat of said west end of the Bigelow Tract aforesaid; and that in and by said plat it was acknowledged by the said Lewis that the said marsh extended 1270.5 feet beyond the east line of said Lewisville as platted by said Lewis; and that a considerable body of marsh land does lie between the eastern line of said plat and the St. Johns River; that the part so platted by James Lewis contained 73 acres of land; that at the time of filing said plat, to-wit, March 14th, '1883, the said James Lewis identified said plat as a map of the land purchased by him from A. S. Baldwin, by an affidavit made by him at that time; that said Lewis made conveyance of all of said plots of ground abutting upon said west line of the Bigelow Tract and put his grantees in possession thereof; that there was 89 acres in said Bigelow Tract, and that the said conveyance to the said Lewis, Clark, Stevens and White were satisfied in full from the western part thereof, and the land conveyed to Hancock as aforesaid, was located in the northeast comer of said Bigelow Tract; and that after the satisfaction of these conveyances there was left a considerable body of land bounded by the margin of the St. Johns River, title to which remained in the sáid A. S. Baldwin; that neither the said James Lewis, nor any assignee of his,-nor his iheirs nor any assignee of theirs, nor.any person claiming under said Lewis or his heirs or their assigns, nor any ■ one else, has ever entered upon the - physical possession