Mike v. Ward v. Carolyn P. Harrell

LEE, C.J.,

for the Court:

¶ 1. The following language — appearing in a 1979 warranty deed — gives rise to this appeal: “The Grantee herein retains all mineral rights on said land and property.” (Emphasis added). The chancellor reformed the deed to reflect that the grantor retained all mineral rights. Although the chancellor applied an erroneous legal standard, because there is evidence beyond a reasonable doubt to support reformation based on mutual mistake and a scrivener’s error, we affirm.

PACTS AND PROCEDURAL HISTORY

¶ 2. On July 31, 1969, Mrs. Charles H. Denson conveyed — by warranty deed —…