Wells v. Burroughs

(after stating the case as above).

In view of the evidence in the case, considered in the most favorable light to the plaintiffs, it cannot be held that there was . error in giving the peremptory instruction to the jury. The issues arising became matters of pure law and not of fact for the jury. (1) The evidence wholly fails to show that any covenant of use or stipulation of defeasance or reverter was omitted from the deed by mistake, accident, or fraud. And the deed having been read to plaintiffs, they could not claim they were ignorant or mistaken as to the contents thereof. Parker v.…