Tracy v. Blinn
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on April 5, 1920, for the reformation of a deed of real estate to correct an error in omitting certain land from the description through an alleged mutual mistake of the parties. Material allegations of the bill are described in the opinion. The defendant demurred to the bill.
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Bill in equity, filed in the Superior Court on April 5, 1920, for the reformation of a deed of real estate to correct an error in omitting certain land from the description through an alleged mutual mistake of the parties. Material allegations of the bill are described in the opinion. The defendant demurred to the bill. The demurrer was heard and was overruled and the suit then was heard upon the merits by Flynn, J., who found that a mistake had been made as alleged in the bill, and that the defendant had paid taxes since April 1, 1911, upon the land sought by the plaintiff. By order of the…
1Opinion of the CourtCrosby, J.
This is a bill in equity for the reformation of a deed, by including the description of a parcel of land situated in the rear of that described therein, and which, it is alleged, was omitted by mutual mistake of the parties.
The case was heard by a judge of the Superior Court who found that it was the intention of the parties, at the time of the purchase and sale of the property set out in the plaintiff’s bill, to include the lot in the rear of the parcel conveyed.' As the evidence is not reported, the finding must stand.
The bill alleges that while negotiations were pending for the purchase of…
2Cases cited5 opinions
- Glass v. HulbertMassachusetts Supreme Judicial Court · 1869
- Goode v. RileyMassachusetts Supreme Judicial Court · 1891
- Davis v. DownerMassachusetts Supreme Judicial Court · 1912
- Williams v. CartyMassachusetts Supreme Judicial Court · 1910
- Graves v. GoldthwaitMassachusetts Supreme Judicial Court · 1891
3Cited by12 opinions
- Stoneham Five Cents Savings Bank v. JohnsonMassachusetts Supreme Judicial Court · 1936
- Des Brisay v. FossMassachusetts Supreme Judicial Court · 1928
- Andrews v. CharonMassachusetts Supreme Judicial Court · 1935
- Curran v. MageeMassachusetts Supreme Judicial Court · 1923
- DeVincent Ford Sales, Inc. v. First Mass. Corp.Massachusetts Supreme Judicial Court · 1957
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