Property Law Keyed to Singer
McCoy v. Love
Mary Elliot (Plaintiff) owned 75 acres of land and could neither read nor write. B.G. Russell (Defendant) offered to buy her entire interest, but she refused. She orally agreed to sell him two of thirteen to fifteen mineral acres. Defendant prepared the deed and instead of the two acres orally agreed on, he substituted a clause, which called for a sale of one-fifth of the legal description of the 75 acres, which is 15 acres. Her daughter, who had a basic education, looked over the deed and said she guessed it was all right. Defendant conveyed a large portion of the land to another party without Plaintiff’s knowledge.
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