The court in Gail v. Berry, No. 11-09-00299-CV, 2011 WL 1434642 (Tex. App.—Eastland Apr. 14,2011, no pet. h.), affirmed the trial court's summary judgment in favor of Hazel Berry, Bernadine Wilson, and Rebecca Ann Robinson, independent executrix of the estate of Evelyn Mebane, deceased, the sellers of a 176.52-acre tract of land, against Cynthia Gail, the buyer. The land had been sold pursuant to a sales contract executed by Powell Berry, as attorney-in-fact for "Hazel Berry, et al.," which provided that the sellers reserved from the sale all mineral, royalties, and timber interests in the land. The warranty deed executed a few days later to Gail by Powell Berry, attorney-in-fact for Hazel Berry, Evelyn Mebane, and Bernadine Wilson, however, did not contain a mineral reservation. The attorney who prepared the deed had not compared it to the sales contract and was unaware of the mistake until contacted by the attorney for one of the sellers. The sellers sued to reform the deed to reserve the minerals as contemplated by the sales contract and were granted summary judgment. Id. at *1.
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