Browse Caselaw

Mrs. Effie C. Barron and A. V. Barron brought suit against Mrs. Doris Darden, Mrs. J. C. Newton, Mrs. Ivaline Newton Dunaway, and Tom Dunaway, seeking the reformation of a deed executed by M. W. Barron to Mrs. Alma Newton conveying certain described real property. Both M. W. Barron and Mrs. Alma Newton, the original parties to the deed, have died. Mrs. Effie C. Barron is the wife of M. W. Barron and a legatee under his will, and A. V. Barron is the son of M. W. Barron, and the grantee in a deed from Mrs. Effie C. Barron to certain real property she received under the will of M. W. Barron. The defendants, except Tom Dunaway, are the children and all the heirs of Mrs. Alma Newton. The petition alleges that there has been no administration of the estate of Mrs. Alma Newton, nor has there been a legal representative appointed. The petition further alleges: that on July 20, 1927, M. W. Barron executed a deed to a tract of land to Mrs. Alma Newton, the deed here sought to be reformed; that when the deed was drawn, it was understood that the tract should front 190 feet along a named public road, but: "By accident or mistake, however, the deed was so drawn as to include a frontage of 210 feet on the said public road. The land being described as running, 'thence west to the line of the old Blalock place, a distance of one hundred and ninety (190) feet.' While the line of the old Blalock place is 210 feet from the point of measurement. By insertion of the above-quoted words, 'Thence west to the old Blalock place, a distance of 190 feet', the deed as made conveyed 210 feet, which 210 feet included a twenty-foot strip, part of which was being used as a way of egress and ingress to other properties of M. W. Barron, and now other properties of A. V. Barron. This twenty-foot strip was by express agreement not to be included in the conveyance, as it was the only way of egress and ingress to properties of M. W Barron." It is further alleged that defendants Mrs. Ivaline Dunaway and Tom Dunaway are claiming title to the 20-foot strip by virtue of two deeds executed to them by Mrs. Alma Newton; and that M. W. Barron, and plaintiffs claiming under him, have been in peaceful possession of the 20-foot strip at all times. It is alleged that the mistake was not discovered until 1947, when the City of Thomaston sought to annex the land in question. The petition shows that the deed sought to be reformed was recorded in 1929. The prayers are that the deed be reformed to speak the true intention of the parties, and that such other relief be granted as the court may think proper. The defendant in the court below filed a general demurrer to the petition, and the demurrer was sustained. The exception here is to that judgment. Held: