Oelschlager v. Francis (Signed Opinion)
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The Supreme Court affirmed the circuit court's denial of Petitioners' petition for declaratory relief, in which they sought reformation of a 2009 deed due to mutual mistake, and its finding that Respondents were bona fide purchasers of the property at issue who lacked notice that there was a mistake in the deed, holding that the circuit court did not err.
Petitioners filed a complaint for declaratory and other relief alleging that, due to a mutual mistake, a 2009 deed transferring Petitioners' entire property to Respondents' predecessor-in-title contained an error and that Respondents were precluded from claiming ownership of the garage on the property because they were not bona fide purchasers. The trial court found that Respondents were bona fide purchasers and that Petitioners were not entitled to declaratory relief. The Supreme Court affirmed, holding that the circuit court correctly determined that Petitioners failed to present clear and convincing proof that Respondents had knowledge of the mistake made in Petitioners' prior deed.
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