Exkorn v. Exkorn
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Paulina Exkorn, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 27th day of July, 1895, upon the decision of the court rendered after a trial at the New York Special Term.
1Opinion of the Court
Barrett, J.:
The action was brought to reform a referee’s deed by inserting the plaintiff’s name as co-grantee with the defendant. No fraud is. alleged, and the case rests solely upon an allegation of mistake. The deed was delivered in July, 1877, and the action was commenced in August, 1894. The defendant pleads the ten-year Statute of Limitations. The plaintiff acknowledges that this would be fatal but for the fact that he did not discover the mistake until October, 1884. But the running of the statute did not depend upon the discovery of the mistake. That was the general rule in equity…
2Cited by16 opinions
- Hart v. BlabeyNew York Court of Appeals · 1942
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- Glover v. National Bank of CommerceAppellate Division of the Supreme Court of the State of New York · 1913
- Metropolitan Life Insurance v. OseasAppellate Division of the Supreme Court of the State of New York · 1941
- State v. LorenzWashington Supreme Court · 1900
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