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McKELLAR v. McKELLAR

No. 11456.

458 P.2d 867 (1969)

23 Utah 2d 106

Peter McKELLAR, Mary Helen Parsons, James Leslie McKellar, Charles McKellar and Glen McKellar, Plaintiffs and Appellants, v. Nellie McKELLAR, Defendant and Respondent.

Supreme Court of Utah.

September 9, 1969.

Attorney(s) appearing for the Case

Carvel R. Shaffer, of Burton, Blonquist, Cahoon, Matheson & Shaffer, Salt Lake City, for appellants.

Kenneth M. Hisatake, Salt Lake City, for respondent.

CALLISTER, Justice.

Plaintiffs initiated this action to cancel a warranty deed executed in 1947, and duly recorded, to defendant and her husband (now deceased) on the ground of mistake, i.e., the grantors were unaware they were conveying the property described in the deed.

The plaintiffs are five of the eight children of Mary McKellar; defendant's deceased husband was also one of her children.

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