Prescott v. Hawkins
Superior Court of New Hampshire
In equity. Bill by Sally D. Prescott, a minor and the only child and heir of one Nathaniel C. Prescott, to reform a mistake in a deed.
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In equity. Bill by Sally D. Prescott, a minor and the only child and heir of one Nathaniel C. Prescott, to reform a mistake in a deed. Many of the facts are stated in Prescott v. Hawkins, 12 N. H, 19. It appeared by the bill, answers, and evidence, that the deed in question was made by Arthur Livermore October 28, 1821, whereby he conveyed to said N.‘ O. Prescott a parcel of land in Holderness ; and that the alleged mistake was in describing one of the boundary lines as running N. 20° E. instead of 20° "W. That said Prescott died in the early part of 1826, and that the plaintiff was his sole…
1Opinion of the CourtParker, C. J.
The bill alleges, that prior to October 28,1841, Nathaniel C. Prescott, the father of the plaintiff, purchased of Arthur Livermore a certain tract of land particularly described, partly by courses and distances; that a deed was drawn and executed, bearing that date and intended as a conveyance of that tract, but that by mistake and accident one of the courses which run N. 20° "W., was inserted in the deed as N. 20° E., &c.
The mistake is sufficiently proved. Judge Livermore in his answer admits it. His evidence has been introduced without objection, and there is other evidence in corroboration…
2Cases cited2 opinions
- Varick v. BriggsNew York Court of Chancery · 1837
- Simms v. RichardsonCourt of Appeals of Kentucky · 1822