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SMITH v. SMITH

No. 33063.

639 S.E.2d 711 (2006)

John SMITH, and Katherine Sue Smith, his wife, Plaintiffs Below, Appellants, v. Irma SMITH Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided: December 1, 2006.

Attorney(s) appearing for the Case

Jason R. Grubb, Beaver, for John Smith and Katherine Sue Smith.

Richard M. Gunnoe, Gunnoe Law Office, Hinton, for Irma Smith.

BENJAMIN, Justice.

The Appellants herein and plaintiffs below, John Smith and Katherine Sue Smith, his wife, appeal from an Order Pursuant to Bench Trial, dated October 6, 2005, by the Circuit Court of Summers County. In the matter before the circuit court, Appellants sought reformation of a deed, dated August 22, 2001, between themselves as grantors and the Appellee herein and defendant below, Irma Smith, as grantee based upon a claimed mutual mistake as to the boundaries...

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