#### Frank W. Rieder and Edith K. Rieder, Defendants in Error, v. Levi B. White et al., Plaintiffs in Error.

Gen. No. 17,804.

(Not to be reported in full.)

Abstract of the Decision.

Reformation of instruments, § 15 * —when deed may he reformed. Where a deed does not express the actual agreement between the parties, there being an omission of a provision to the effect that *431the conveyance was made subject to all unpaid taxes and assessments levied against the land, such omission is a mistake of fact, and a court of equity will reform the deed by inserting the omitted provision.

*430Error to the Superior Court of Cook county; the Hon. Martin M. Gbidley, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1911.

Affirmed.

Opinion filed October 15, 1913.

Statement of the Case.

Bill in equity by Frank W. Bieder and Edith K. Bieder against Levi B. White, Benson Landon and Arthur C. Bachrach for the reformation of a deed and to enjoin a suit at law. From a decree for complainants, defendants bring error.

Benson Landon, for plaintiffs in error.

Beach & Beach, for defendants in error.

*

See Illinois Notes Digest, Vols. XI to XIV, same topic and section number.

Me. Justice Baume

delivered the opinion of the court.