Florida Supreme Court
382 So. 2d 647 (Fla. 1980)
Russell offered to buy Elliott’s interest in minerals under a tract of land. Elliott refused to sell her entire interest, but agreed to sell a small portion. Russell fraudulently drafted the deed to grant him Elliott’s entire interest. Elliott (plaintiff) could not read or write so she had her daughter look over the deed. Although the daughter did not understand the deed, she assented and Elliott signed the deed. Several days later, Russell informed Elliott that he had made a mistake in drafting the deed and offered Elliott money for the interest in the minerals that he had “mistakenly” acquired, but that she had not wanted to sell. Elliott refused and demanded that Russell reconvey the portion of the interest she did not want to sell. However, before he did this, Russell conveyed a portion of the same mineral interests to McClelland, who later conveyed the rights to Love, Harris, and Carpenter (defendants). Elliot sued for cancellation of the deed. The trial court held that the deed was void and granted summary judgment to Elliott. The district court held that the deed was voidable rather than void. McCoy appealed on behalf of Elliott, now deceased.
Rule of Law
Holding and Reasoning (Boyd, J.)
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