Gagnon v. Pronovost

The defendants’ motion to dismiss was properly denied. The former action was a bill in equity to remove cloud on title and presented the issue of the nature of the interests created in the grantees by the deed in question. Gagnon v. Pronovost, 96 N. H. 154, 155. The pending action presents the issue of whether by reason of mistake on the part of the scrivener or of the parties to the deed, the deed failed to express their intention and understanding, so that it should now be reformed. The issue of mistake was neither litigated nor determined in the prior action and the judgment there entered…