Taylor v. Cureton

Jenkins, Justice.

This was a suit by a husband and wife, for specific performance of an alleged promise by the defendant to execute to them a deed to three acres of land, under his alleged recognition and desire to correct an alleged mutual mistake in a previous deed from the plaintiffs to the defendant, which included the three acres in addition to five acres intended to be conveyed. While the evidence was in conflict as to whether the three acres were included by intention of all parties, or by a mutual mistake, and in conflict as to whether the defendant made the subsequent alleged promise…