
    Smith vs. Smith et al.
    
    A bill to reform a deed alleged that all the parties intended for the land to be conveyed to the defendants, reserving the timber thereon to complainant; that a scrivener was selected to draw the deedj with instructions to draw it so as to carry out this intention; that the scrivener by mistake drew the deed so as to convey the land and its appurtenances to the defendants, without any reservation of the timber; that complainant was ignorant, illiterate and unable to read or write; that he signed the deed, supposing the timber had been reserved to him, and did not discover the mistake until some time thereafter, and that the mistake was mutual:
    
      Held, that there was equity in the bill, and it was not demurrable. Code, §§3112, 3117, 3123.
    Judgment reversed.
    December 19, 1884.
   Blandeord, Justice.  