Biggers v. Evangelist

BECTON, Judge.

On 1 December 1980, plaintiffs, Irene R. Biggers * and her children, Howard R. Biggers, Jr., Rennie Biggers, and Carol Big-gers Dabbs (the Biggers) sought to reform, on the ground of mutual mistake, a deed, dated 1 July 1975, from Irene and her husband, Howard R. Biggers, Sr. (since deceased) to the defendants, Felix A. Evangelist and his wife, Paula A. Evangelist, conveying a 9.432 acre tract including the homeplace. The Biggers alleged that the deed mistakenly failed to reserve to the Biggers a right-of-way along the two private access roads, Bent Branch Road and Wild Holly…