Hice v. Hi-Mil, Inc.

CARLTON, Justice.

I

Plaintiff instituted this action seeking to reform a deed on the ground of mutual mistake. In a deed dated 27 October 1971 plaintiff conveyed to Everett Welch (spelled “Walsh” in the deed) and Ray Hice, first cousin to plaintiffs deceased husband, twenty tracts of land known as the “mountain land,” containing approximately 900 to 1200 acres. Included in the tracts conveyed by the deed was a thirteen acre tract which was part of plaintiffs twenty-five acre homeplace. Plaintiff alleged that the description of the thirteen acre tract was mistakenly included in the deed to Welch…