MIMS v. MIMS

No. 7910SC729.

268 S.E.2d 544 (1980)

48 N.C. App. 216

Allen L. MIMS, Jr. v. Marsha P. MIMS.

Court of Appeals of North Carolina.

August 5, 1980.


Attorney(s) appearing for the Case

McDaniel & Heidgerd by L. Bruce McDaniel, Raleigh, for plaintiff-appellant.

Gulley, Barrow & Bosley by Jack P. Gulley, Raleigh, for defendant-appellee.


WEBB, Judge.

The plaintiff's claims are for reformation of a deed. A deed may be reformed for mutual mistake or for mistake by one party induced by the fraud or inequitable conduct of the other. See 11 Strong's N.C. Index 3d, Reformation of Instruments § 1 et seq. (1978). The plaintiff does not contend that his mistake was induced by fraud or inequitable conduct on the part of the defendant. The question posed by this appeal is whether the evidence as...

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