87 Neb. 140 | Neb. | 1910
By deed dated April 24, 1901, Isaac G. Griffith and wife, defendants, conveyed to Robert Mitchell, plaintiff, 1,240 acres of land in Dawes county. This is a suit by plaintiff to reform the deed by including in the conveyance an additional quarter-se’ction owned at the time by defendants, situated half a mile from the main tract, and described in the record as the “Godfrey land.” The district court granted the relief sought by plaintiff, and defendants have appealed.
The deed was reformed on account of a mutual mistake in omitting the Godfrey land. The controlling question presented is the sufficiency of the evidence to justify the decree. Some time before the deed was executed Griffith herded sheep for plaintiff in Wyoming, bought' a large number of eAves from his employer on credit, and brought them to Dawes county. He testified he bought the lands to provide pasturage for sheep. At one time he took plaintiff’s sheep on the shares. At another lime he and plaintiff were partners in the sheep business. His ventures proved to be disastrous. As a result he owed plaintiff over $2,000, and wanted to sell him the ranch to
Defendants testified that the lands sold were in a contiguous body, and did not include the Godfrey land which was half a mile from the other tracts; that they did not sell it; that one quarter-section described in the deed was ihe family homestead of defendants, and in lieu thereof the Godfrey land was reserved; that it was not included in the transaction; that it was properly omitted from the deed, and that Mrs. Griffith would not join in a conveyance with the Godfrey land included. Plaintiff’s testimony of a different import was contradicted by defendants. They were unable, however, to refute proof of the following facts: Defendants left the neighborhood after
Some complaint is made of errors in admitting evidence, but the case was tried to the court without a jury, and the conclusion announced is based wholly on evidence properly admitted. It is therefore unnecessary to consider assigned errors in the rulings on evidence.
Affirmed.