Clark v. Reeder
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF WEST VIRGINIA. April 16,1796, a grant was made by the State of Yirginia to Edward Dillon for 50,096 acres of land situated in what was then the county of Montgomery, but, at tbe time of the transactions involved in this case, partly in the counties of Wyoming, Boone, Raleigh, and Logan.
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF WEST VIRGINIA. April 16,1796, a grant was made by the State of Yirginia to Edward Dillon for 50,096 acres of land situated in what was then the county of Montgomery, but, at tbe time of the transactions involved in this case, partly in the counties of Wyoming, Boone, Raleigh, and Logan. The entry for the land was made April 23, 1795, it was surveyed May 28, 1795; and the land was known and spoken of as the Dillon survey or grant. In 1855, Dillon having died some time before, the land was sold for taxes and charges thereon,…
1Opinion of the CourtChief Justice Fuller
The theory of the original bill was that the complainant was entitled to a rescission of the contract of February 29, 1884, on the ground of a mutual mistake of himself and Eeeder in regard to the alleged fact that the larger part of the land embraced in the Dillon survey was covered by the Eutter and Etting survey; but any such mistake was denied by the defendant, and was not sustained by the evidence j .and by his amendment to his second supplemental bill complainant in effect abandoned the ground of mutual mistake and asked for the rescission of the contract on the ground of fraud only.…
2Cases cited3 opinions
- Farrar v. ChurchillSupreme Court of the United States · 1890
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- Ludington v. RenickWest Virginia Supreme Court · 1874
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- Hawkins v. WellsCourt of Appeals of Texas · 1897
- Burk v. JohnsonCourt of Appeals for the Eighth Circuit · 1906
- National Labor Relations Board v. Sterling Electric Motors, Inc.Court of Appeals for the Ninth Circuit · 1940
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