Gillespie v. Moon
New York Court of Chancery
[ * 586 ] GEORGE RREWERTONand others, on the 1st of June, 1799, by deed, released and conveyed to Elizabeth Mann, (widow,) in fee, “ a tract of land in the provincial patent, in the county of Washington, known by lot No. 57, and bounded east by lot No. 56, west by lot No. 58, north by lot No. 54, and south by lot No. 64, containing tivo hundred and fifty acres, be the same more or less,” in trust, to apply the rents and profits thereof, to the use, and for the support, &c.…
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[ * 586 ] GEORGE RREWERTONand others, on the 1st of June, 1799, by deed, released and conveyed to Elizabeth Mann, (widow,) in fee, “ a tract of land in the provincial patent, in the county of Washington, known by lot No. 57, and bounded east by lot No. 56, west by lot No. 58, north by lot No. 54, and south by lot No. 64, containing tivo hundred and fifty acres, be the same more or less,” in trust, to apply the rents and profits thereof, to the use, and for the support, &c. of Elizabeth De Haert, (plaintiff,) until she arrived at the age of 21 years, or married, and then to the use of the said…
1Opinion of the Court
*The Chancellor.
The bill is brought to rectify a mistake in the conveyance to the defendant, which, by an error in the description of the land, conveyed the whole lot, or 250 acres, instead of 200 acres, parcel of the same. The "mistake is positively denied in the answer ; and it is objected, that parol proof of the mistake is inadmissible, in opposition to the plain language of the deed, and especially, in opposition to the defendant’s answer.
[ * 594 ]
1. Assuming^ the parol testimony to be competent, the fact oft he mistake, on thé parFof the grantor! is made_out to ..my entire satisfaction.…
2Cases cited1 opinion
- Boyd v. M'LeanNew York Court of Chancery · 1815
3Cited by96 opinions
- Simmons Creek Coal Co. v. DoranSupreme Court of the United States · 1892
- Glass v. HulbertMassachusetts Supreme Judicial Court · 1869
- Van Horne v. FondaNew York Court of Chancery · 1821
- Citizens' National Bank v. JudyIndiana Supreme Court · 1896
- Allen v. KitchenIdaho Supreme Court · 1909
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