Featured Chrome Extensions:

Casey IRACs are produced by an AI that analyzes the opinion’s content to construct its analysis. While we strive for accuracy, the output may not be flawless. For a complete and precise understanding, please refer to the linked opinions above.

Keywords

attorneyequitytrialaffidavitsummary judgment
attorneyequitytrialsummary judgment

Related Cases

Pierce v. City of Philadelphia, 391 F.Supp.3d 419, 2019 Fair Empl.Prac.Cas. (BNA) 218,460
View Case »
Boeving v. Vandover, 240 Mo.App. 117, 218 S.W.2d 175
View Case »
E. Liverpool v. Buckeye Water Dist., 972 N.E.2d 1090, 2012-Ohio-2821
View Case »
Crinkley v. Holiday Inns, Inc., 844 F.2d 156
View Case »
United Mine Workers of America v. Gibbs, 383 U.S. 715, 86 S.Ct. 1130, 16 L.Ed.2d 218, 61 L.R.R.M. (BNA) 2561, 10 Fed.R.Serv.2d 361, 53 Lab.Cas. P 11,135
View Case »
Justia Law Link
LexisNexis Link
Westlaw Link
CourtListener Link
Oyez Link

Pullum v. Pullum, 58 So.3d 752

Facts

John Pullum owned 160 acres of land and intended to convey 20 acres of this land, which included his homestead, to his wife, Peggy. However, due to a clerical error, the deed prepared by the attorney included the 20 acres in the conveyance to their son, Wesley. After John’s death, Wesley filed a petition to quiet title to the 20 acres, leading to a series of legal actions involving claims for reformation of the deed based on the mistaken conveyance.

John Pullum owned 160 acres of land and intended to convey 20 acres of this land, which included his homestead, to his wife, Peggy.

Issue

Did the trial court err in granting summary judgment in favor of Peggy and the estate of the attorney, allowing for the reformation of the deed based on a unilateral mistake?

Did the trial court err in granting summary judgment in favor of Peggy and the estate of the attorney, allowing for the reformation of the deed based on a unilateral mistake?

Rule

Equity may act to reform a deed if it does not accurately reflect the intent of the parties, particularly in cases of unilateral mistake where the deed was voluntary.

Equity may act to reform a deed if it does not accurately reflect the intent of the parties, particularly in cases of unilateral mistake where the deed was voluntary.

Analysis

The court found that the evidence supported the conclusion that John and Peggy Pullum did not intend to convey the 20 acres to Wesley. The affidavits presented indicated that the inclusion of the 20 acres in the deed to Wesley was a clerical error, and the corrective deed was executed to reflect the true intent of the grantors. The court applied the principle that unilateral mistakes in voluntary conveyances can be grounds for reformation.

The court found that the evidence supported the conclusion that John and Peggy Pullum did not intend to convey the 20 acres to Wesley.

Conclusion

The Supreme Court affirmed the trial court's decision, holding that the deed should be reformed to exclude the 20 acres from the conveyance to Wesley, as it was clear that the grantors intended to retain that property.

The Supreme Court affirmed the trial court's decision, holding that the deed should be reformed to exclude the 20 acres from the conveyance to Wesley, as it was clear that the grantors intended to retain that property.

Who won?

Peggy Kent Pullum and the estate of James W. Kelly prevailed in the case because the court found that the original deed did not reflect the true intent of the grantors due to a clerical error.

Peggy Kent Pullum and the estate of James W. Kelly prevailed in the case because the court found that the original deed did not reflect the true intent of the grantors due to a clerical error.

You must be