Everson v. Kirtland
New York Court of Chancery
This was an appeal from a decree of the vice chancellor of the fifth circuit. In January, 1829, the complainant sold to the defendant, C. Kirtland, a farm in the county of Oneida, and was to receive in part payment therefor, three lots of land, in the state of Ohio, described in the contract as “ lots 37 in the second quarter, and 33 and 34 in'the third quarter, of the sixth township, in the second range, of the tract appropriated for satisfying warrants for military…
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This was an appeal from a decree of the vice chancellor of the fifth circuit. In January, 1829, the complainant sold to the defendant, C. Kirtland, a farm in the county of Oneida, and was to receive in part payment therefor, three lots of land, in the state of Ohio, described in the contract as “ lots 37 in the second quarter, and 33 and 34 in'the third quarter, of the sixth township, in the second range, of the tract appropriated for satisfying warrants for military services, as granted by tile president of the United States on the first of June, 1825; the said lots each containing 100…
1Opinion of the Court
The Chancellor.
The vice chancellor has put his decision in this cause upon the ground of a mistake of both parties as to the existence of a title in Martin Kirtland, in the Ohio lands intended to be conveyed in payment for the Vernon farm. The complainant contracted for lands lying in township No. 6, although he would probably have made the bargain as readily if he had been informed that the lands he was to receive in payment lay in the other township. Upon this supposition, if the defendant or his father had really owned the lands in .township No. 5, it probably would have been doing no…
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