LOVELACE v. McMILLAN

3 Div. 738.

90 So.2d 822 (1956)

Henry LOVELACE v. Iva Lee McMILLAN and Ed Leigh McMillan.

Supreme Court of Alabama.

November 15, 1956.


Attorney(s) appearing for the Case

Howard J. Kearley, Brewton, for appellant.

Caffey, Gallalee & Caffey, Mobile, for appellees.


SPANN, Justice.

This is an appeal from a final decree in equity reforming a deed executed by appellees to appellant on the ground of mutual mistake. The deed was one of bargain and sale, and the reformation decreed was to reserve in the grantors (appellees) "the oil, gas and minerals therein, thereunder or thereon, with the right to develop same."

The sole question presented is whether the evidence was sufficient to sustain the finding below granting the reformation...

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