Keim v. Mattes

HIGGINS, Commissioner.

Action by plaintiff for reformation of warranty deed and for money had and received; and, after reformation, for partition of real estate. Counterclaim by defendants for partition and damages for breach of contract. The court reformed the deed to vest, instead of a life interest in plaintiff, a one-half interest in fee simple as a tenant in common in plaintiff, and a one-half interest in fee simple as tenants in common in defendants, ordered partition and awarded attorney fees arising out of the partition to plaintiff; and ordered distribution of the proceeds of…