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eBook details

• Title: Mason v. Redwine
• Author : Court Of Appeals Of Kentucky
• Release Date : January 12, 1951
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 48 KB

Description

SIMS, Justice. On Feb. 24, 1944, Marcus C. Redwine, joined by other heirs of A. T. Redwine, conveyed a farm of 169 acres located in Elliott County to Matthew Mason in consideration of $1,000. The deed reserved to the grantors 'one-half of all minerals, of every kind, especially oil and gas, found upon or under said land'. From certain negotiations leading up to the sale and execution of the deed, Mason, who could neither read nor write, was of the impression the deed only reserved one-half of the oil and gas, and that all other minerals were conveyed to him. Hence, he brought this action on Feb. 23, 1949, to reform the deed on account of mutual mistake of the parties thereto, and on the further ground that the agent of Redwine had made false representations to Mason as to the reservation in the deed. The chancellor heard the evidence, which is here on a bill of exceptions, and in a clear and concise opinion he dismissed the petition because there was no evidence of mutual mistake, nor any showing of misrepresentations upon the part of Redwine's agent. Appellant argues in his brief the judgment should be reversed because of mistake upon his part ad the unconscionable and inequitable conduct upon the part of Redwine; while appellee takes the position that appellant is estopped, since he did not bring suit until five years after accepting the deed.

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