Barbara D. Cosgrove, Individually and as the Trustee of the Charles and Barbara Cosgrove Family Revocable Living Trust v. Michael Cade and Billie Cade

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that without showing fraud, property owners “may not claim a failure to understand what they were signing as grounds for avoiding the transaction”
• holding reformation claim based on \[p]lainly obvious and material omissions in an unambiguous deed” was barred after four years because such defects \charge parties with irrebuttable notice for limitations purposes”
• holding ¿at the discovery rule does not apply to a reformation claim based upon plainly obvious and material omissions in an unambiguous deed, because such mistakes are not inherently undiscoverable
• noting that a plaintiff’s declaratory relief claim asking the court to recognize mineral rights mistakenly left out of a deed was “in effect a suit to reform the deed”
• explaining that claim for breach of contract accrues when contract is breached
• “Allowing them to slumber on this knowledge . . . before seeking a corrected deed is not a luxury we have recognized, and would render meaningless parties’ recognized duty to exercise diligence in examining their mineral rights.”

Source: CourtListener parenthetical corpus (CC0).