Collier v. Sage

McGHEE, Justice.

This is an appeal from a declaratory judgment in which it was found fourteen acres of land had been omitted from a deed by mutual mistake and fixing its value. We will refer to the parties as they appeared in the district court.

The parties entered into an ordinary contract for the sale by the defendant to the plaintiff of real estate in Dona Ana County described as follows:

“1. That certain 43 acres, more or less, of land described in Amortization Mortgage dated Oct. 1, .1934, from W. H. Hand .and wife to Land Bank Commissioner, filed for record Nov. 6, 1934, at 9:00 A.M., and…