Vogt v. Mullin

Stevens, V. C.

This is a demurrer to a bill for specific performance. The bill alleges a written agreement to convey land in Newark by deed of warranty free from all encumbrance. It states that this land *453is subject to a right of way and then it charges that through mutual mistake there was an omission to mention in the writing that it was so burdened. The prayer is for reformation and for performance of the agreement as reformed.

Unless I undertake to overrule the case of Wirtz v. Guthrie, 81 N. J. Eq. (11 Buch.) 271, I must sustain the demurrer. Vice-Chancellor Emery there holds that an…