Bibber v. Carville
Supreme Judicial Court of Maine
In equity. On exceptions by plaintiff. Bill in equity wherein the plaintiff prayed that a certain deed of warranty made, executed and delivered by him to the defendant might be cancelled, alleging that by a mistake on bis part, arising from bis ignorance of certain facts, he had included in such deed certain land to which he had no title at the time he gave the deed.
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In equity. On exceptions by plaintiff. Bill in equity wherein the plaintiff prayed that a certain deed of warranty made, executed and delivered by him to the defendant might be cancelled, alleging that by a mistake on bis part, arising from bis ignorance of certain facts, he had included in such deed certain land to which he had no title at the time he gave the deed. Plaintiff also alleged that the defendant had begun an action at law against him for breach of a covenant in said deed claiming damages in the sum of one thousand dollars, and asked that injunctions, both temporary and perpetual,…
1Opinion of the CourtPowers, J.
Exceptions to a decree sustaining a demurrer to the plaintiff’s bill and dismissing the bill with costs.
In substance the bill alleges that Denham Hall, being the owner of a lot of land in Bowdoin containing about one hundred acres mortgaged the same to James M. Hall in 1866 and to one Bibber in 1870. In 1880 James M. Hall assigned the mortgage to Bibber, who in 1888 foreclosed the mortgage given to him and the foreclosure''became absolute. Bibber died in 1897, leaving as his sole heir at law the plaintiff, who in 1902 conveyed the premises to the defendant by warranty deed. At the time he…
2Cases cited2 opinions
- Bonney v. StoughtonIllinois Supreme Court · 1887
- Durkee v. DurkeeSupreme Court of Vermont · 1886
3Cited by9 opinions
- Turner v. Washington Realty Co.Supreme Court of South Carolina · 1924
- Manley v. SmithOregon Supreme Court · 1918
- Warren G. Schwartz, Trustee, (By Substitution) v. J. R. Cianchette & Sons Corp.Court of Appeals for the First Circuit · 1966
- Albert Lifson & Sons, Inc. v. WilliamsUnited States District Court · 1932
- Williams v. GordanSupreme Court of Virginia · 1930
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