Hohneke v. Ferguson

The question on this appeal is whether a certain gift deed, containing an admittedly erroneous description, may be reformed at the behest of the grantee after the death of the grantor. The District Court, without making any specific findings or stating any conclusions of law, granted the reformation. We reverse.

Both parties cite and rely upon principles announced in or claimed to be drawn from statements of this court in Dowding v. Dowding, 152 Neb. 61, 40 N. W. 2d 245. We there noted that: “Courts generally agree that a purely voluntary conveyance may not be reformed in equity at the suit of…