Jackson-Walker Coal Material Co. & v. Miller

The opinion of the court was delivered by

Benson, J.:

The appellants ask for the reversal of a judgment correcting a mistake in a deed of conveyance made by the Osage Carbon Company to H. B. Miller.

The appellants contend that the cause of action is barred by lapse of time, that the mistake was not a mutual one, and that Clyde W. Miller is a bona fide purchaser of the land from H. B. Miller for value and without notice of the mistake, relying upon the terms of the deed as written.

Early in March, 1899, H. B. Miller and his brother, W. W. Miller, negotiated with the Osage company for the purchase…