Allison v. Allison

• Decision Date: 12 January 1948
• Docket Number: 36648.
• Citation: 203 Miss. 15,33 So.2d 289
• Court: Mississippi Supreme Court
• Parties: ALLISON v. ALLISON et al.

33 So.2d 289

203 Miss. 15

ALLISON v. ALLISON et al.

No. 36648.

Supreme Court of Mississippi

January 12, 1948

Stone & Stone, of Coffeeville, for appellant.

Cowles Horton, of Grenada, for appellee.

ROBERDS Justice.

Charles H. Abel and wife, by warranty deed, dated September 11, 1946 conveyed to A. A. Allison and his wife, Mrs. Sallie E Allison, a house and lot in the City of Grenada, Mississippi. Mr. Allison departed this life September 30th thereafter. On April 9, 1947, Mrs. Allison filed the bill in this cause alleging that the inclusion of A. A. Allison as a grantee in that deed was a mistake, and praying for a decree reforming the deed, eliminating therefrom the name of A. A. Allison as a grantee, and adjudicating her to be the sole owner of the premises. When complainant rested her case, the learned chancellor, on motion of respondents, excluded the evidence and dismissed the bill. From that action, Mrs. Allison appeals here. She says her bill stated, and the evidence established, a cause of action.

The proof shows that for many years Mr. and Mrs. Allison resided upon a farm of several hundred acres in Grenada County, Mississippi. Originally, the title was in Mr. Allison. On April 3, 1920, Mr. Allison, for some reason not disclosed, deeded this property to his wife, the appellant. Later, forty-one acres were conveyed her by two other parties. Upon the original lands, Mr. and Mrs. Allison had lived and toiled, Mr. Allison working and managing the farm and Mrs. Allison keeping the home. Here they had reared eight children, all adults when this bill was filed. The children grew up and moved away. The parents decided they would sell their home and move into the City of Grenada. They did sell the home, and certain personal property connected therewith, to W. W. Odom for $12,300, and, on September 11, 1946, they executed to Odom a deed to the land. Odom gave a check for $6,300, executed a note for the balance of the purchase price, together with a trust deed on the land securing the note. The check and note were payable to Mr. and Mrs. Allison, and the deed of trust named them as beneficiaries. The Abel deed to the Grenada property bears the same date as the Odom deed. Abel was paid $6,000 for the Grenada property. This was done with the proceeds of the Odom check upon endorsement thereof by Mr. and Mrs. Allison.

The Abel deed was prepared by an attorney of Grenada, admitted by all parties to have been competent, careful and of the highest character, and who died prior to the trial of this cause. He inquired of Abel who should be named as grantee in his deed, and Abel, not knowing, inquired of one of the children, who said she was certain it would be proper to name Mr. and Mrs. Allison as the grantees. However, the attorney was not satisfied with that and said he would await instructions from Mr. Allison, who later, in the absence of Mrs. Allison, gave the attorney instructions to name himself and wife as grantees. The deed was accordingly drawn.

It is further shown that the bank account was generally carried in the name of Mr. Allison, but Mrs. Allison was permitted to, and did, occasionally draw checks thereon.

The bill is grounded alone on mistake. It repeatedly disclaims any intimation that Mr. Allison was guilty of any wrong or fraud. The chancellor found there was no mistake--certainly no mutual mistake--and refused to reform the deed. He was amply justified in doing that. In the first place, Mr Allison alone had the original...