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BREWER v. BLANTON

No. 10329.

555 S.W.2d 381 (1977)

Hayward BREWER and Floretta Brewer, Plaintiffs-Appellants, v. David E. BLANTON, Executor of the Estate of Frances L. Stallcup, Deceased, Gertrude Berry, Executrix of the Estate of Edward H. Berry, Sr., Deceased, Wilson S. McMullin and Nora McMullin, Defendants-Respondents.

Missouri Court of Appeals, Springfield District.

August 22, 1977.

Attorney(s) appearing for the Case

Weber Gilmore, Gilmore & Gilmore, Sikeston, for plaintiffs-appellants.

David E. Blanton, Blanton, Blanton, Rice & Sickal, Kenneth L. Dement, Sikeston, for defendants-respondents.

Before BILLINGS, C. J., and HOGAN and FLANIGAN, JJ.

FLANIGAN, Judge.

This is an action to reform a warranty deed dated November 10, 1972, whereby Frances L. Stallcup, "acting by and through her attorney-in-fact Edward H. Berry," conveyed residential property in Sikeston, Missouri, to plaintiffs Hayward Brewer and Floretta Brewer, husband and wife. The petition alleged that through "a mutual mistake of fact" a tract of land, referred to in the record as "the tip," was omitted from the description in the deed and that...

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