Holabird v. Burr
Supreme Court of Connecticut
m ERROR, This was a bill in chancery, brought by Milo Burr, Harry Coe, as executor of Seth Coe, and Roswell Marsh, against Chester Soper, Zebina Smith and William S. Holabird, praying for the correction of a mistake in a mortgage deed executed by Soper, for an account of rents and profits, and a decree of foreclosure.
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m ERROR, This was a bill in chancery, brought by Milo Burr, Harry Coe, as executor of Seth Coe, and Roswell Marsh, against Chester Soper, Zebina Smith and William S. Holabird, praying for the correction of a mistake in a mortgage deed executed by Soper, for an account of rents and profits, and a decree of foreclosure. The bill was dated the 21st of July 1841, The bill stated, that on the 17th of May 1837, the defendant Soper, being indebted to the plaintiff and Zebina Smith in several separate debts, mortgaged the described lands, by deed of that date, to secure the payment; that one of the…
1Opinion of the Court
Williams, Ch. J.
As to the first objection. That a mistake, clearly proved in the draft of a deed, and even in its execution, may be corrected in a court of chancery, has been too often decided to be doubted. Smith v. Chapman, 4 Conn. R. 344. Watson v. Wells, 5 Conn. R. 468. Chamberlain v. Thompson, 10 Conn. R. 246. It is admitted, that this is so as it respects the original parties ; but it is said, that as against third persons, it is otherwise. This may be true, when the defect arose from a want of some statute requirement, as against a purchaser or creditor, without notice. Champion v.…
2Cases cited2 opinions
- Hunt v. RhodesSupreme Court of the United States · 1828
- Brown v. Hartford Insurance Co.U.S. Circuit Court for the District of Connecticut · 1808
3Cited by6 opinions
- Turley v. TurleyTennessee Supreme Court · 1886
- Untermeyer v. FreundCourt of Appeals for the Second Circuit · 1893
- Standard Fireproofing Co. v. St. Louis Expanded Metal Fireproofing Co.Supreme Court of Missouri · 1903
- Richardson & May v. HamlettSupreme Court of Arkansas · 1878
- Hitchins v. PettingillSupreme Court of New Hampshire · 1878
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