Timms v. Timms

Cureton, Judge:

Respondents Grady W. Timms and Nellie A. Timms sought reformation of deeds to two parcels of land on the ground of mutual mistake as to the location of a boundary line. Appellants Charles S. Timms and Irma M. Timms appeal from the trial court’s order of reformation. We affirm in part and remand.

*135Grady W. Timms (Grady) and his late brother, Charles B. Timms (Charles), owned as tenants in common a tract of land shown to contain 243 acres on a plat surveyed by Edgar Trapp in 1897. In 1936, the brothers employed Trapp to subdivide the property into two tracts which he accomplished…