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BRADY v. BERKE

No. 1332, September Term, 1975.

33 Md. App. 27 (1976)

363 A.2d 537

NOMITA BRADY ET AL. v. JOSEPH B. BERKE ET AL.

Court of Special Appeals of Maryland.

Decided September 20, 1976.

Attorney(s) appearing for the Case

Lewis Straughn Nippard and Terry B. Blair, with whom were Louis A. Becker and Sybert, Sybert & Nippard on the brief, for appellants.

Raymond J. Kane, Jr., with whom were Richard D. Neidig and Reese & Kane on the brief, for appellees. Thomas E. Lloyd for appellee Claude M. Skinner.

The cause was argued before IRVING A. LEVINE and JOHN C. ELDRIDGE, Associate Judges of the Court of Appeals and RALPH W. POWERS, Chief Judge of the Seventh Judicial Circuit, all specially assigned.

LEVINE, J., delivered the opinion of the Court.

This action for reformation of a deed based on mutual mistake was commenced by the filing by appellees of a bill of complaint in the Circuit Court for Howard County. After appellants successfully moved to include the original surveyor, Claude M. Skinner, as a third party defendant, a trial on the merits was held. In his decision, the trial judge (Macgill, C.J.) determined that the deed should be reformed as requested...

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