Barnett v. Sullivan

OPINION

PRESLAR, Justice.

Appellees, O. H. Sullivan and wife, brought this suit for cancellation and reformation of certain deeds and deeds of trust on the basis of mutual mistake, fraud, and failure of the wife to appear before a notary public in the sale of a homestead. Following trial by jury, judgment was entered granting the reformation and cancellation of the instruments as prayed for. We are of the opinion that the judgment must be reversed.

The parties will be referred to as they appeared in the trial court. The series of transactions involved began on January 25, 1956, with the…