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Posted by: Tanja Trezise on Jan 31, 2017

Court: TN Court of Appeals

Attorneys 1:

John W. Palmer and Julie W. Palmer, Dyersburg, Tennessee, for the appellant, Michael Sipes.

Attorneys 2:

Edmund S. Sauer, and Bridget Brodbeck Parkes, Nashville, Tennessee for the appellee, Ocwen Loan Servicing, LLC.

No brief filed on behalf of the appellee, Terry Sipes.

Judge(s): MCBRAYER

This appeal concerns a dispute between a father and his adult son over the transfer of real property. In 1997, the father constructed a house on a portion of his two-acre tract of land for his son. Several years later, the son agreed to purchase the house. Subsequently, a disagreement led the parties to discover identical errors in the legal descriptions in the warranty deed executed by the father transferring the property to the son and the deed of trust securing the son?s purchase money loan. The trial court, upon its finding of mutual mistake, reformed the incorrect legal descriptions in the deeds, but the court also granted the father a right to use a shed and garden on the son?s land. We affirm the trial court?s reformation of the legal descriptions in the deeds. However, because we conclude that the evidence is less than clear and convincing that the parties intended the deeds to include the father?s right of use, we reverse the trial court?s decision to grant the interest.