Hoback v. Rink

Plaintiee in error was plaintiff, defendant in error defendant, in an action to obtain reformation of a warranty deed from plaintiff to defendant. The deed, which was executed January 10, 1923, conveyed a tract of land in Moffat county. The reformation sought by the plaintiff was the insertion in the deed of a clause reserving to him one-half of all the oil and gas contained in the land, which reservation he claimed was omitted by mutual mistake of the parties.

To reverse the judgment denying the reformation, plaintiff contends that, although there was a conflict in the testimony, the finding…