Bolton v. Smith

Conley Byrd, Justice.

This action arises out of an ante-nuptial agreement between Dessie Hamilton and Leonard Hamilton before their marriage in 1947. Pursuant to that agreement Leonard conveyed to Dessie a lot on Lake Hamilton which was erroneously described as Lot 9 of Block E, Point Lookout Subdivision. Dessie died in 1957 without issue and by her will devised Leonard a life estate in the Lake Hamilton lot with the remainder to her sister Eula Armstrong Smith. While Leonard was in possession of the lot, as life tenant, he discovered that the “Lot 9” description was erroneous. In January,…