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REFORM

To correct, rectify, amend, remodel. Instruments inter partes may be reformed, when defective, by a court of equity. By this is meant that the court, after ascertaining the real and original Intention of the parties to a deed or other Instrument, (which intention they failed to sufficiently express, through some error, mistake of fact, or inadvertence,) will decree that the in strument be held and construed as if it fully and technically expressed that intention See Sullivan v. Haskin, 70 Vt 487, 41 Atl 437; Be Voln v. De Vote, 76 Win 66, 44 N. W. 839. It is to be observed that “reform” is seldom, if ever; used of the correction of defective pleadings, judgments, decrees or other judicial proceedings; “amend” being the proper term for that use. Again, “amend” seems to connote the idea of improving that which may have been swell enough before, while “reform” might be considered as properly applicable only to something which before was quite worthless.

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