Sable v. Malohey
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Crawford County. Defendant appealed from a judgment reforming bis deed of conveyance. 'Tbe case will sufficiently appear from the opinion. 1. The plaintiff, a remote grantee of John Sable, is neither party nor privy to tbe deed sought to be reformed, and cannot maintain this action. Cady v. Potter, 55 Barb., 463; Story’s Eq.
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APPEAL from tbe Circuit Court for Crawford County. Defendant appealed from a judgment reforming bis deed of conveyance. 'Tbe case will sufficiently appear from the opinion. 1. The plaintiff, a remote grantee of John Sable, is neither party nor privy to tbe deed sought to be reformed, and cannot maintain this action. Cady v. Potter, 55 Barb., 463; Story’s Eq. Jur., §165. 2. Prompt action is required of him who would relieve himself from a mistake, especially in tbe execution of formal instruments in writing under seal. Plaintiff and bis grantor, by their laches, have lost any right they may…
1Opinion of the CourtORToit, J.
This is a complaint, in the nature of a hill in eqizity, to reform a covenant in a certain deed, of the grantee, the defendant, in respect to the building and maintaining of a gate on the north side of a certain strip of land granted for a private way, alleging a mistake in said covenant in designating the south instead of the north line, which latter line is claimed to be according to the agreement of the parties to the deed. The deed was executed in June, 1863, and, according to the testimony of the grantor himself, he was fully aware of such mistake and claimed that it should be corrected…
2Cases cited2 opinions
- Sheldon v. RockwellWisconsin Supreme Court · 1859
- Kent v. LasleyWisconsin Supreme Court · 1869
3Cited by14 opinions
- Jordan v. Estate of WarnerWisconsin Supreme Court · 1900
- Schriber v. LeClairWisconsin Supreme Court · 1886
- Coon v. SeymourWisconsin Supreme Court · 1888
- Smith v. AllisWisconsin Supreme Court · 1881
- Venable v. BurtonSupreme Court of Georgia · 1907
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