Blanton v. Blanton

Goolsby, Judge:

In this appeal by Betty Jo Blanton from an order rescinding a deed executed by the respondent Samuel Lee Blanton, the issue we address is the quantum of proof required in *251South Carolina to cancel a written conveyance on the grounds of mutual mistake. The circuit judge required a mere preponderance of the evidence. We reverse the judgment appealed from and remand the issue of mutual mistake for redetermination.

Samuel brought this action seeking, among other things, to have cancelled on the grounds of mutual mistake a deed by which he conveyed a one-half interest in certain real…