On February 27, 2004, Allen Ehlers signed a contract to sell certain property located at 2220 Bernard Road to Keith Sharp, the owner of Upper West Side, LLC.1 Allen had acquired the property in question pursuant to a September 5, 1995 deed of assent that identified the land as “Parcel Two,” and described the property as a strip of land 25 feet wide and 200 feet long. Although the deed of assent described the land as a 25′ x 200′ strip, Upper West Side believed that it would be purchasing the entire eight acre tract of land at 2220 Bernard Road at the time that it entered the February 2004 contract with Allen. Eventually, on March 11, 2008, Allen deeded the property in the deed of assent to Upper West Side, and, on April 30, 2008, Upper West Side filed an action in the Fulton County Superior Court seeking to reform the deed of assent and asking the court to declare that, as reformed, the deed conveyed the entire eight acre tract of Parcel Two, and not just the 25′ x 200′ strip described therein. Following a bench trial, on September 29, 2011, the trial court ruled in favor of Upper West Side, and issued a certificate of immediate review. For the reasons that follow, we affirm.
Some background information is necessary in order to place the current appeal in the proper context. Allen’s grandfather, Albert Ehlers Mr. Ehlers, died on August 11, 1993, leaving a will that named his widow, Dora, and their two sons, James and Albert Allen’s father, as co-executors of his estate. Ever since the will was probated, Dora and her two sons have been engaged in extensive and nearly constant litigation against each other, with some of these matters still pending below despite the fact that two of the co-executors, Albert and Dora, are now deceased. In August 1994, Dora filed a Petition for Twelve Month’s Support for all of Mr. Ehlers’ property. While this year’s support claim was being litigated between the co-executors, on September 5, 1995, Dora and her sons met in an effort to divide up all of Mr. Ehlers’ real property. On that same date, they executed two deeds of assent, one in favor of Albert and one to James. The deed relevant to the current appeal is the one to Albert, which, again, identified the land conveyed therein as “Parcel Two” and described the property located at 2220 Bernard Road as a strip of land 25 feet wide and 200 feet long.
