Northrop v. Sumney
New York Supreme Court
APPEAL from a judgment entered upon the report and decision of a referee. The action was brought to foreclose a mortgage executed by the defendant to Alexander E. Shaw. The plaintiff was the assignee of the mortgage.
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APPEAL from a judgment entered upon the report and decision of a referee. The action was brought to foreclose a mortgage executed by the defendant to Alexander E. Shaw. The plaintiff was the assignee of the mortgage. The referee found that the Holland Land Company was seised of lot Ho. 98, and that on the 27th of May, 1834, the company conveyed in fee to one Clark Hilton a portion of the lot bounded east and west by the lines of the lot, and north by a line parallel with the south line of said lot, and 34 chains and 2 links northerly therefrom. On the 10th of April, 1838, the company conveyed…
1Opinion of the Court
By the Court, Marvin, J.
The defendant supposed he was purchasing a certain piece of land containing 67 acres, and his grantor supposed he was selling and conveying such piece. It turns out that the piece of land as described in the deed does not contain aE the land the parties supposed it contained, and that the quantity actually conveyed is only 39| acres; instead of 67 acres. There is no question of *199fraud or misrepresentation, in the case. Both parties acted in good faith. They were both under a mistake as to the place where the deed fixed the southern line. Has the defendant any remedy ?…
2Cases cited2 opinions
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