Mullinax v. Mullinax

This is an action for rescission or reformation of a deed. Erma B. Mullinax sued her son Henry Mullinax for the return of 80 acres she had deeded to him and herself jointly with right of survivorship, alleging fraud or mistake, Code 1975, §35-4-153, and failure of his promise to provide her a place to live, Code 1975, § 8-9-12. The trial court held that she failed to meet her burden of proof and entered judgment for defendant.

Plaintiff is the mother of three children: two, Jack Adams and Jenell Williams, by her first marriage, and defendant by her second marriage. In 1954, her second husband,…