Maloy v. Smith

JACKSON, Justice.

The trial court entered judgment against the plaintiff, Nettie J. Maloy, on her peti tion to quiet title and in favor of defendants, M. M. Smith and Elder Smith, on their cross-petition to reform a deed and to quiet title. Plaintiff appeals.

The primary issue is presented by plaintiff’s contention that the statute of limitations had barred defendants’ cross-action for reformation. The action was commenced in 1953. On October 15, 1940, the defendants executed a warranty deed conveying their farm to plaintiff’s predecessors in title, J. B. Shannon and Lillian Georgia Shannon.…