Wehner v. Schroeder

PAULSON, Justice.

This is an appeal from a judgment which dismissed the complaint of Christ N. Weh-ner and Helen Wehner requesting reformation of a deed based upon an alleged innocent mutual mistake and which quieted title to the minerals at issue in Albert Tor-maschy and Genevieve Tormaschy. We reverse and remand.

This case involves fifty percent of all oil, gas, and minerals under 160 acres of land in Stark County, North Dakota. In 1950 Christ and Helen Wehner sold the 160 acres to Frank Sehroeder and Barbara Schroeder. The contract for deed that the parties executed stated “That second…