Parsons v. Stevens
Supreme Judicial Court of Maine
In Equity. In equity. On appeal and exceptions by plaintiff. Bill in equity praying that a certain deed of warranty given by the plaintiff to the defendants "be rectified and reformed in accordance with the mutual intent of the parties thereof at the time said deed was made, executed and delivered, by adding to the description thereof” certain words so that the deed as reformed should except a certain right of way from the description and covenants.
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In Equity. In equity. On appeal and exceptions by plaintiff. Bill in equity praying that a certain deed of warranty given by the plaintiff to the defendants "be rectified and reformed in accordance with the mutual intent of the parties thereof at the time said deed was made, executed and delivered, by adding to the description thereof” certain words so that the deed as reformed should except a certain right of way from the description and covenants. This cause grew out of an action of law brought by the defendants against the plaintiff upon the covenants of warranty in the aforesaid deed in…
1Opinion of the CourtEmery, C. J.
The material allegations of fact in the bill of exceptions in this case may be summarized as follows: Stevens brought an action of covenant broken against Parsons for breach of his covenant of warranty against incumbrances in his deed of conveyance of certain land to Stevens. The breach alleged was the existence of a right of way in a third party across the land. Upon the bringing of that suit, Parsons brought this bill in equity against Stevens to procure a reformation of the deed he had given Stevens so that it should except the right of way from the description and covenants. In this…
2Cases cited15 opinions
- Bronson v. SchultenSupreme Court of the United States · 1882
- President of the Bank of the United States v. MossSupreme Court of the United States · 1847
- White v. GoveMassachusetts Supreme Judicial Court · 1903
- Brooks v. Railway Co.Supreme Court of the United States · 1880
- Ernst Tosetti Brewing Co. v. KoehlerIllinois Supreme Court · 1902
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3Cited by3 opinions
- Gosselin v. Better Homes, Inc.Supreme Judicial Court of Maine · 1969
- Semo v. GoudreauSupreme Judicial Court of Maine · 1951
- White River Chair Co. v. Connecticut River Power Co.Supreme Court of Vermont · 1935