Amsbary v. Brumfield

Harsha, Judge.

{¶ 1} Gordon K. Amsbary appeals the trial court’s judgment reforming a deed based upon mutual mistake and denying his claim for an injunction to compel Irvin H. Brumfield and Glenda F. Brumfield, co-trustees of the Glenda F. Brumfield living trust, to remove an encroachment upon his land or to award him damages. He asserts that the Brumfields’ building and driveway clearly encroach upon his land and that the court should have ordered them to remove the encroachments or should have awarded him damages. However, the trial court reformed the deed so as to exclude the portion of the…