Perkins v. Canine
Michigan Supreme Court
Appeal from Washtenaw; Kinne, J. Bill by Anna M. Perkins against Aaron H. Canine to reform a deed. From á decree for complainant, defendant appeals. Complainant, by warranty deed executed February 5, 1894, obtained tbe title to E. ¶ of N. W. \ section' 14, township 4 S., range 6 E. She obtained her title by mesne conveyances from one William W. Wallace, who in 1884 was also the owner of the adjoining land, described as the W. of N. W. ¶ of said section.
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Appeal from Washtenaw; Kinne, J. Bill by Anna M. Perkins against Aaron H. Canine to reform a deed. From á decree for complainant, defendant appeals. Complainant, by warranty deed executed February 5, 1894, obtained tbe title to E. ¶ of N. W. \ section' 14, township 4 S., range 6 E. She obtained her title by mesne conveyances from one William W. Wallace, who in 1884 was also the owner of the adjoining land, described as the W. of N. W. ¶ of said section. The east half of the quarter did not contain 80 acres, but fell short about six acres. In April, 1884, Wallace contracted to .sell to one…
1Opinion of the CourtGrant, J.
(after stating the facts). The defendant introduced no testimony except his deeds. We think it established by the evidence that these six acres were sold to Rogers, were intended to be included in the deed from Wallace to him, and that they were left out of the deed by mistake. Nothing occurred to call the attention of the various owners to the mistake until defendant claimed the title. For 10 years the parties had kept up a well-marked line between the’two parcels, and complainant and her grantors had cultivated the land in dispute and been in possession of it. There does not appear to have…
2Cases cited1 opinion
- Kilgannon v. JenkinsonMichigan Supreme Court · 1883
3Cited by2 opinions
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