McRae v. McMinn

We do not propose to enter into any elaborate discussion of the facts and will do little more than state conclusions in this case.

Our first conclusion is that the mistake as to southeast quarter of the northeast quarter of section thirty-five, town- • ship twenty-three, south, range nineteen east, is established.

Upon the face of the deed of “distribution” as it is called, and without reference to any parol testimony except to locate the houses, it is apparent that there was a mutual mistake arising from misdescription of the lands in this instrument. Hatch Whitfield intended that Mrs. McMinn…