Dixon v. Dixon

Kapsner, Justice.

[¶ 1] John Dixon appeals from a judgment reforming a warranty deed to except and reserve mineral interests in certain real property from the conveyance and retain the minerals as the property of the Shirley A. Dixon Trust. John Dixon argues the district court erred in reforming the deed because there was no evidence of a mutual mistake and the statute of limitations precluded the reformation claim. We affirm, concluding the district court did not err in reforming the deed and the statute of limitations argument was waived.

I

[¶ 2] In the 1960s Shirley Dixon purchased a tract of…