Fuchs v. Treat
Wisconsin Supreme Court
APPEAL from the Circuit Court for Manitowoc County. Ejectment, for a strip of land twenty-three and seven-eighths inches wide on the western side of the east fifteen feet of lot 10, block 155, in a certain city plat.
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APPEAL from the Circuit Court for Manitowoc County. Ejectment, for a strip of land twenty-three and seven-eighths inches wide on the western side of the east fifteen feet of lot 10, block 155, in a certain city plat. The answer, after a general denial, alleged in substance that the defendant Treat, on the 15th of July, 1873, sold to Anton Euchs, plaintiff’s husband, so much of said lot as lay to the east of a certain warehouse then and still situated upon said lot, and oceup^d by the defendant Conway; that said Anton Euchs and the plaintiff, Maria Fuehs, were upon the premises so purchased,…
1Opinion of the CourtCols, J.
If it be assumed that the surveyor found the true boundaries of lot 10, block 155, and that a portion of the warehouse stands upon- the east fifteen feet of that lot, then we are clearly of the opinion that the deed must be reformed on account of a mistake in the quantity of land conveyed. For equity will reform a deed where there has been a mistake, provided the evidence leaves no reasonable doubt tha,t the instrument does not embody the real intention of the parties to it. This doctrine is so| familiar that it needs no reference to authorities in its support. Now to our minds the proof is…
2Cited by6 opinions
- Goode v. RileyMassachusetts Supreme Judicial Court · 1891
- Hajec v. NovitzkeWisconsin Supreme Court · 1970
- Voechting v. GrauWisconsin Supreme Court · 1882
- Harley v. HarleyWisconsin Supreme Court · 1909
- Sherwood v. JohnsonIndiana Court of Appeals · 1902
1 more not listed; retrieve them via the Exa API.