Lovelace v. McMillan

SPANN, Justice.

This is an appeal from a final decree in equity reforming a deed executed by appellees to appellant on the ground of mutual mistake. The deed was one of bargain and sale, and the reformation decreed was to reserve in the grantors (appellees) “the oil, gas and minerals therein, thereunder or thereon, with the right to develop same.”

The sole question presented is whether the evidence was sufficient to sustain the finding below granting the reformation. We hold that it was, guided by the well known and oft repeated rule of review that a strong presumption is indulged in favor of…