Hines v. Hines

Summary

The South Dakota Supreme Court reviewed whether a warranty deed should be reformed to reflect the alleged intent of deceased grantors to convey 240 acres of pasture land to Brian Hines. The court held that Brian failed to present clear and convincing evidence that the deed did not express the grantors' intent and affirmed the circuit court's denial of reformation.

Holdings

1. The circuit court did not abuse its discretion in denying reformation because Brian failed to prove by clear and convincing evidence what conveyance the Lingscheits would have made had they known of the mistake in the 2001 deed.
2. A circuit court's decision to grant or deny reformation of a contract is reviewed for abuse of discretion.

Questions Presented

1. Whether the circuit court abused its discretion by denying reformation of the 2001 warranty deed.
2. Whether Brian proved by clear and convincing evidence that the deed failed to express the Lingscheits' intended conveyance and that they would have conveyed the omitted, noncontiguous 80-acre tract upon learning of the mistake.

Disposition

affirmed