Johnson v. Taber
New York Court of Appeals
This was a bill filed in the court of chancery in January, 1847, to correct a deed given by the complainant to the defendant, by making the description in the deed, which embraced more land than the complainant claimed to have sold, conform to the boundaries pointed out to the defendant at the time of the contract of sale; and to enjoin the defendant from prosecuting an action at law, which he had commenced against the plaintiff, upon the covenant of seisin in the deed, to…
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This was a bill filed in the court of chancery in January, 1847, to correct a deed given by the complainant to the defendant, by making the description in the deed, which embraced more land than the complainant claimed to have sold, conform to the boundaries pointed out to the defendant at the time of the contract of sale; and to enjoin the defendant from prosecuting an action at law, which he had commenced against the plaintiff, upon the covenant of seisin in the deed, to recover damages for the deficiency of about sixteen acres in the quantity of land of which he was actually put in…
1Opinion of the CourtWelles, J.
The articles of agreement, and the deed given in pursuance thereof, which are sought to be reformed, are for three distinct parcels of land. The articles which bear *321date September 8,1836, provided for the sale of a quantity of hay and one hundred bushels of oats, together with the three parcels of land; for all of which, the land, the hay, and the oats, the defendant agreed to pay the plaintiff the gross sum of $7500. The deed was executed on the first day of May following, and conveyed the land by the same description as contained in the articles, expressing the same consideration in gross…
2Cited by7 opinions
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- Holke v. HermanMissouri Court of Appeals · 1901
- Uhe v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1893
- State v. BlakeSupreme Court of Oklahoma · 1929
- De Bolt v. Farmers' Exchange BankSupreme Court of Oklahoma · 1915
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