Burke v. Bubbers

DUNN, Justice.

This is an appeal from a judgment of the circuit court reforming and correcting a deed to conform to the intention of the parties. We affirm in part, reverse in part, and remand.

On December 12, 1973, appellants Robert L. Bubbers and Grace V. Bubbers (Bub-bers) and appellees Marcus L. Burke and Dorothea E. Burke (Burkes) entered into an option to purchase real property, whereby Burkes agreed to sell 801.43 acres of real estate in Corson County, South Dakota, to Bubbers. Burkes owned 360.5675 mineral acres on or under the 801.43 surface acres to be sold; a prior owner had retained…