GUTHRIE, ET UX. v. GUTHRIE, ET UX.

No. 40797.

233 Miss. 550 (1958)

102 So.2d 381

GUTHRIE, et ux. v. GUTHRIE, et ux.

Supreme Court of Mississippi.

May 5, 1958.


Attorney(s) appearing for the Case

Melvin, Melvin & Melvin, Laurel, for appellants.

Geo. W. Currie, George G. Currie, Hattiesburg, for appellees.


ETHRIDGE, J.

The question is whether the chancery court was warranted in setting aside a 1951 consent decree, and a deed in accordance with it, on the ground of mutual mistake. We hold that the undisputed evidence shows no mutual mistake (or fraud) in the events prior to the execution of the consent decree and deed, so they are valid and binding on the parties.

In 1950 appellees J.W. Guthrie and wife, 77 and 73 years...

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