MOCK v. MOCK

No. 8523SC85.

334 S.E.2d 409 (1985)

E.E. MOCK and wife, Alpha Mock v. Jess MOCK and Ancil Mock (Tester).

Court of Appeals of North Carolina.

October 1, 1985.


Attorney(s) appearing for the Case

Hall & Brooks by John E. Hall, Wilkesboro, for plaintiffs-appellants.

Vannoy & Reeves by Jimmy D. Reeves, West Jefferson, for defendant-appellee Ancil Mock (Tester).


PHILLIPS, Judge.

While a written instrument may be reformed on the grounds of mutual mistake, the mistake that the law requires is that of both parties to the instrument. Coppersmith v. Aetna Insurance Co., 222 N.C. 14, 21 S.E.2d 838 (1942). The mistake of one party not induced by the fraud of the other is not enough. Crawford v. Willoughby, 192 N.C. 269, 134 S.E. 494 (1926). In this case no legal grounds for reforming the deed in question have either...

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