Jentzsch v. Roenfanz

If the trial court is right in finding that there was a mutual mistake of the parties in the deed executed by the plaintiff to Henry J. Peters on November 17, 1903, it is quite clear that there was no such laches on the part of the plaintiff as would bar her right to relief in this action. It is not denied that she has been in the actual possession of the disputed land ever since the erection of the disputed fence, following the family difficulty in 1905.

The determination of this case must rest upon the question of whether or not there was a mutual mistake. A mistake, in order to be mutual,…