Sherman v. Hanno
Supreme Court of New Hampshire
Writ of Entry, for land in Lisbon, and a Bill in Equity, brought by the defendants against the plaintiff for a reformation of a mortgage. Facts found by the court. The Little farm is one tract of land in the towns of Lyman and Lisbon. The buildings and most of the farm are in Lyman. The part in Lisbon is claimed by both parties. O. and G. A. Carr, owning the farm, conveyed it to Clough by a mortgage of which the defendants ask a reformation.
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Writ of Entry, for land in Lisbon, and a Bill in Equity, brought by the defendants against the plaintiff for a reformation of a mortgage. Facts found by the court. The Little farm is one tract of land in the towns of Lyman and Lisbon. The buildings and most of the farm are in Lyman. The part in Lisbon is claimed by both parties. O. and G. A. Carr, owning the farm, conveyed it to Clough by a mortgage of which the defendants ask a reformation. The mortgage, described the farm asa “tract of land situated in said Lyman, together with the buildings thereon, meaning to convey the same as was deeded…
1Opinion of the CourtDoe, C. J.
The error in the clause of the mortgage that described the land as “ situated in said Lyman ” was corrected by the accompanying reference to the record of a deed of land situated in Lyman and Lisbon. Colby v. Collins, 41 N. H. 301, 303. The meaning of the mortgage was expressly declared to be, that it conveyed the land that was conveyed to the mortgagors by the recorded deed to which reference was made for a more particular description. The mistake, being corrected in the paper in which it occurred, is immaterial.
Elliot v. Heath, 6 N. H. 426, was a writ of entry in which the demanded promises…
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