Gibbs v. Price

We are called upon to decide whether the evidence supports the trial court’s reformation of a deed.

Orpha J. Gibbs brought this suit for a declaratory judgment establishing her title to a house and lot and for an injunction restraining Billy Price from trespassing on the property. This lot was part of the land conveyed to her and Ethel Justus by Harold E. and John S. Smith, under deed dated October 20, 1952 (the “1952 deed”), following an auction sale. 1

In his responsive pleadings Billy Price disputed Orpha J. Gibbs’s ownership of the house and lot, and he asserted his right to occupy the…