Farmers & Mechanics' Bank v. City of Detroit
Michigan Supreme Court
Appeal in chancery from Wayne Circuit. The bill was filed in 1851, to correct a mistake alleged to have occurred in a deed bearing date December 31, 1816, given .by the Governor and Judges of the territory of Michigan to Benjamin Woodworth. The mistake consisted in describing therein, as the premises granted, a lot which had before been conveyed by the Governor and' Judges, instead of adjoining premises, which it was understood and agreed should be granted by it.
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Appeal in chancery from Wayne Circuit. The bill was filed in 1851, to correct a mistake alleged to have occurred in a deed bearing date December 31, 1816, given .by the Governor and Judges of the territory of Michigan to Benjamin Woodworth. The mistake consisted in describing therein, as the premises granted, a lot which had before been conveyed by the Governor and' Judges, instead of adjoining premises, which it was understood and agreed should be granted by it. This deed was given to Woodworth in exchange for a conveyance by him of lot 49 on - the old plan of Detroit-The TJnited States went…
1Opinion of the Court
Manning J.:
The mistake in the deed from the Governor and Judges of the territory of Michigan to Benjamin Woodworth, of the 31st of December, 1816, is clearly established by the evidence ; and the decree of the Circuit Court must be affirmed, unless some one of the objections insisted on by defendants stands in the way, and is an insurmountable *448obstacle to giving the relief asked by the bill. These objections may be stated as follows: 1st. Want of power in the Governor and Judges to convey the premises in dispute: 2d. That Woodworth never deeded to the United States lot 49, which he was to…
2Cited by2 opinions
- Indian River Manufacturing Co. v. WootenSupreme Court of Florida · 1904
- Coss v. SterrittSupreme Court of Oklahoma · 1915