Lee v. Charitable Brotherhood

Tbe decisive question, presented, is whether or not tbe grantee in a deed for a portion of property, prior in date, though subsequently registered, is entitled to invoke tbe equity of reformation, occasioned by mutual mistake, against tbe grantee in a deed for tbe entire property, subsequent in date but prior in registration, it being conceded tbat both deeds were made by tbe same grantor, who is not a party to tbe action.

Tbe identical question was presented and answered in tbe affirmative in tbe case of Sills v. Ford, 171 N. C., 733. In tbat case tbe defendant tendered an issue as to mutual…