BARNETT v. SULLIVAN

No. 6096.

458 S.W.2d 850 (1970)

Pearl BARNETT et al., Appellants, v. O. H. SULLIVAN et ux., Appellees.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied October 28, 1970.


Attorney(s) appearing for the Case

J. M. Preston, Pecos, for appellants.

A. R. Archer, Jr., Monahans, for appellees.


OPINION

PRESLAR, Justice.

Appellees, O. H. Sullivan and wife, brought this suit for cancellation and reformation of certain deeds and deeds of trust on the basis of mutual mistake, fraud, and failure of the wife to appear before a notary public in the sale of a homestead. Following trial by jury, judgment was entered granting the reformation and cancellation of the instruments as prayed for. We are of the opinion that the judgment must be reversed.

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