Cited by

There this court stated ( 181 Minn. 124 , ): *119 “* * * it is not necessary to ask for nor have a decree of reformation when, as here, plaintiff is in possession and has title in fee and it appears that the one who asserts a lien cannot in equity do so because the instrument under which the claim is asserted is subject to reformation $ ‡ ‡ 99 See, also, Leach v. Leach, 162 Minn. 159 , ; School Dist.

Leach v. Leach, 162 Minn. 159 , .

Kuhne v. Gau, 138 Minn. 34 , ; Leach v. Leach, 162 Minn. 159 , ; In re Estate of Beier, 205 Minn. 43 , .

Leach v. Leach, 162 Minn. 159, 162, 163 , ; 5 Dunnell, Minn. Dig.

And this court in Leach v. Leach, 162 Minn. 159, 161 , , said: “A good definition of an advancement is found in 18 C. J. p. 911: “ ‘In its legal sense * an advancement is an irrevocable gift in praesenti of money or property * * * to a child by a parent to enable the donee to anticipate his inheritance to the extent of the gift.’ ” There is of co

And this court in Leach v. Leach, 162 Minn. 159 , 161 , 202 N.W.

Co. 155 Minn. 50 , ; Hines v. Bauer, 158 Minn. 298 , ; Leach v. Leach, 162 Minn. 159 , ; 5 Williston, Contracts (Rev. ed.) § 1585; Restatement, Contracts, § 504.

(2 ed.) § 4038; Hooper v. Vanstrum, 92 Minn. 406 , ; Leach v. Leach, 162 Minn. 159 , .

“The right to a reformation may be shown defensively, and, if so shown, the court will treat the defective instrument as reformed.” Leach v. Leach, 162 Minn. 159 , .

No. 73 v. Wrabeck, 31 Minn. 77 , ; Scofield v. Quinn, 54 Minn. 9 , ; Alt v. Graff, 65 Minn. 191 , ; Leach v. Leach, 162 Minn. 159, 163 , .

In Leach v. Leach, 162 Minn. 159 , , there was a suit to recover the principal and interest on a note.

In Leach v. Leach, 162 Minn. 159 , , nothing else was held than that it might be shown by parol that a note was given to evidence an advancement.

In the same year a house was built thereon at a cost of about $2,350, of which $2,000 was procured from defendant Mary Leach, the mother of the husband, as disclosed in Leach v. Leach, 162 Minn. 159 , .