Legal Opinion

Knobloch v. Kracke

Appellate Division of the Supreme Court of the State of New York

Decided May 9, 1912Published

Appeal by the defendants, Philip Simon and another, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Nassau on the 12th day of May, 1911, upon the decision of the court rendered after a trial at the Nassau Special Term.

1Opinion of the Court

Hikschberg, J.:

This is an action for the reformation of a deed given by plaintiff’s intestate, one Charles L. Kracke, on the ground that *20the description of the property conveyed was erroneous owing to the mutual mistake of the parties, and for the partition of certain land claimed to have been mistakenly included in the description in said deed. In 1905 said Kracke purchased a parcel of real estate in Nassau county, 100 feet in width by 170 feet in depth. In 1906 he erected a two-family frame house on the southwesterly half of the property. In June, 1906, he entered into a written contract…

2Cases cited5 opinions

  1. Gillespie v. MoonNew York Court of Chancery · 1817
  2. Paine v. . UptonNew York Court of Appeals · 1882
  3. Martin v. . HillenNew York Court of Appeals · 1894
  4. Andrews v. . GillespieNew York Court of Appeals · 1872
  5. Penfield v. Village of New RochelleAppellate Division of the Supreme Court of the State of New York · 1897

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