Hitchins v. Pettingill
Supreme Court of New Hampshire
In Equity. The plaintiffs asked for the reformation of a deed. Pacts found by the court: The plaintiffs, by oral agreement, bought a farm of the defendants for $2,500, paid the price, and took the deed of which they seek reformation. A part of the farm containing ten acres, included in the bargain and paid for, was, by the fraud of the defendants, omitted in the deed.
Read the full summary
In Equity. The plaintiffs asked for the reformation of a deed. Pacts found by the court: The plaintiffs, by oral agreement, bought a farm of the defendants for $2,500, paid the price, and took the deed of which they seek reformation. A part of the farm containing ten acres, included in the bargain and paid for, was, by the fraud of the defendants, omitted in the deed. After receiving the deed, the plaintiffs moved into the farm buildings which were on the land described in the deed, occupied that land, and made valuable improvements upon it, but made no improvements upon, and did not take…
1Opinion of the CourtFoster, J.
When reformation is sought of a deed which, through fraud or mistake, conveyed less land than was orally bought and paid for, the case does not stand as if there were no deed ; and the error may be corrected without proof of such part performance as is necessary for a decree of specific performance compelling a conveyance of the whole land when no part of it has been conveyed. 1 Story Eq., ss. 152-161; Adams’s Eq. 169, 171; 3 Gr. Ev., ss. 360, 363; Bloomer v. Spittle, Fisher’s An. Dig. (1872) 131; Tilton v. Tilton, 9 N. H. 385, 392; (Purcell v. Miner, 4 Wall. 513;) Prescott v. Hawkins, 12 N.…
2Cases cited26 opinions
- Glass v. HulbertMassachusetts Supreme Judicial Court · 1869
- Gillespie v. MoonNew York Court of Chancery · 1817
- Purcell v. MinerSupreme Court of the United States · 1867
- Welles v. . YatesNew York Court of Appeals · 1871
- Wyche v. GreeneSupreme Court of Georgia · 1854
21 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Fletcher v. ChamberlinSupreme Court of New Hampshire · 1881
- State v. WilliamsSupreme Court of New Hampshire · 1895