60. Rectification of voluntary instruments.

60.     Rectification of voluntary instruments.

A voluntary deed as well as a settlement for value may be reformed or rectified in a proper case1. If the grantor agrees, the court may rectify a voluntary deed by setting aside a part of it only and allowing the remainder to stand2; if the grantor does not agree, the instrument can only be set aside in toto, if at all3. The same follows where the deed fails in substance to carry out the parties' intention4. A grantor may make a fresh deed and, with the grantee's consent, cancel the old