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Bright v. Johnson

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OPINION

Floy Hubert Johnson and Shirley A. Johnson filed this suit against Clarence O. Bright to reform a deed dated May 2, 2002, by which they conveyed thirty-three acres to Clarence O. Bright. They alleged that the sales contract between the parties called for all minerals to be reserved or retained by the Johnsons; but, through a scrivener’s error, the warranty deed failed to reserve or retain the minerals. Clarence O. Bright acknowledged that he had agreed that the Johnsons would keep all the minerals and that, even at closing, he still believed they had.

Clarence O. Bright’s son, Clarence Dwaine Bright, intervened in the suit. He testified that he purchased one-half of what his father had purchased from the Johnsons. Clarence Bright had paid $59,400 to the Johnsons for the thirty-three acres, and Dwaine Bright paid $30,000 for the undivided one-half interest. Clarence Bright and Dwaine Bright executed a document, which was not recorded, but which was dated June 13, 2003, to reflect Dwaine Bright’s acquisition from Clarence. After the Johnsons filed this suit and a notice of lis pendens, Clarence Bright executed and caused to be recorded two “corrected” deeds without warranty conveying to Dwaine Bright one-half of Clarence Bright’s interest in the thirty-three acres. In an amended petition, the Johnsons also sought a declaratory judgment that Dwaine Bright was not a bona fide purchaser of that interest.

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