Mills v. The Evansville Seminary

In Mills v. The Evansville Seminary, 47 Wis. 354, 362, 2 N.W. 550 (1879), Mills claimed that when he deeded property to the Evansville Seminary, he did so as a grant upon the condition that the property be used only for a seminary, and that if the land no longer was utilized for such a purpose, it would revert back to him. However, no such condition was set forth in the deed. Mills wanted to reform the deed to make it express what he considered to be the actual intention and understanding of the parties. Because the land was no longer being used for a seminary, he wanted the court to declare a forfeiture of the property. The supreme court declined, holding that a court of equity could not exercise its jurisdiction to reform a perfectly valid deed. See id.