HOPE v. HOPE

No. 97-629.

969 S.W.2d 633 (1998)

333 Ark. 324

Ross Alan HOPE, Appellant, v. William W. HOPE, Sr., and Wanda Sue Flowers, as Trustees for the James Arthur and Mary Winborne Hope Irrevocable Trust, Appellees, v. Mary Winborne HOPE, Cross-Appellant.

Supreme Court of Arkansas.

May 21, 1998.


Attorney(s) appearing for the Case

Ray Baxter, Benton, for Appellant.

David E. Smith, Benton, for Appellees.


BROWN, Justice.

This case arises out of a contract and a deed to convey timber rights in a tract of land known as "the Ridgefield," which consists of roughly 280 acres. There are essentially two issues on appeal: (1) whether the trial court erred in considering mutual mistake of fact as a basis for reformation following a motion to amend the pleadings to conform to the proof, and (2) whether the trial court clearly erred in finding that a mutual mistake of fact as...

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