Galyen v. Gillenwater

Frank Holt, Justice.

Appellee and appellants are adjoining landowners. Appellee brought this action against the appellants alleging that a mutual mistake was made in both of their deeds from a common grantor and that appellants had erected a fence upon appellee’s property “which is encroaching upon the property of plaintiff [appellee] 89 feet.” The appellee seeks reformation of both deeds, the quieting of her title, and asks that appellants be restrained from encroaching upon appellee’s property.

The chancellor found there was an erroneous description in the 1941 deed to Ralph Gillenwater who…