Guthrie, Et Ux. v. Guthrie, Et Ux.

The question is whether the chancery court was warranted in setting aside a 1951 consent decree, and a deed in accordance with it, on the ground of mutual mistake. We hold that the undisputed evidence shows.no mutual mistake (or fraud) in the events prior to the execution of the consent decree and deed, so they are valid and binding on the parties.

In 1950 appellees J. W. Guthrie and wife, 77 and 73 years of age respectively, filed their bill of complaint in the Chancery Court of Perry County against their son, appellant G. B. Guthrie, and his wife. The bill sought to cancel any claims…