Durham v. Marchman

Hill, Justice.

This case involves reformation of a deed and raises the question of whether res judicata bars reformation of a deed made after judgment in the former case. We find it does not and reverse the summary judgment granted below.1

This dispute involves a twenty-five acre tract of land in Douglas County purchased in 1941 by J. T. Parker. Parker conveyed a one-half interest in the tract to his wife, Annie Mae Parker, in 1949. The. following year, Mr. and Mrs. Parker sold one acre of this property to Lois and James Durham, Mr. Parker’s sister and her husband, and the Durhams moved onto…