Kelley v. Kelley

MADDOX, Justice.

The question before the Court is whether a deed which contained a mistake in the description of the property conveyed and was later altered after execution to correct the mistake by someone other than the grantor or grantee was valid to pass title to the grantee. We hold that the altered deed was valid to pass title and affirm the trial court’s judgment.

George W. Kelley, plaintiff-appellee, filed a complaint seeking a sale for division of the following tracts of land:

“Tract No. 1: The EV2 of SWVi of Section 32, Township 7 North, Range 20 East, in Coffee County, Alabama,…