Rackley v. Miller

Candler, Justice.

(After stating the foregoing facts.) Upon the former appearance of this case in this court it was held in part: “The record is silent as to any mutual mistake of the parties as to the boundary expressed in the petitioner’s deed and, hence, there was no basis for reformation of the instrument. Eeformation being a prerequisite to the relief sought, the verdict in favor of the petitioner was unauthorized.” Miller v. Rackley, 199 Ga. 370, 376 (supra). Although on the second trial an amendment was made to the petition, it related to claimed repairs and improvements made by the…