Miller v. Martin

Plaintiff seeks to have a warranty deed reformed and declared to be a mortgage, alleging mistake, fraud, misrepresentation, and conspiracy between the defendants. Defendant Martin asks that title to the property embraced in the deed be quieted in him. Defendants Jensen disclaim any interest therein. The trial court held that plaintiff had failed to establish her allegations by clear, satisfactory and convincing proof. It dismissed the petition and quieted the title in Martin. Plaintiff appeals and submits to this court what is primarily a question of fact.

Appellant, a widow, owned and resided…