Searles v. Churchill
Supreme Court of New Hampshire
Bill in Equity, for the reformation of the plaintiff’s deed to the defendant, conveying through mistake, as is alleged, a tract of land in Bethlehem, containing about ten acres. A referee reported as follows: There were many witnesses on the one side and the other.
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Bill in Equity, for the reformation of the plaintiff’s deed to the defendant, conveying through mistake, as is alleged, a tract of land in Bethlehem, containing about ten acres. A referee reported as follows: There were many witnesses on the one side and the other. Their testimony was unusually conflicting and unsatisfactory, and it is with no little difficulty that the referee arrives at a conclusion on about the only question of fact in the case, viz., Did Mrs. Searles intend to sell and convey to Churchill in this deed, and did Churchill intend to purchase and take conveyance of, the…
1Opinion of the CourtParsons, J.
A written instrument will be reformed in equity when it fails to express the intention which the parties had in making the contract which it purports to contain. Minot v. Tilton, 64 N. H. 371; Tilton v. Tilton, 9 N. H. 385; Busby v. Littlefield, 31 N. H. 193; Webster v. Webster, 33 N. H. 18, 22, 23; Kennard v. George, 44 N. H. 440. Whether the writing of which reformation is sought does or does not correctly express the intention of the parties, and what that intention was, if incorrectly expressed therein, are questions of fact. In the present ease, these questions have been heard and…
2Cases cited8 opinions
- Gillespie v. MoonNew York Court of Chancery · 1817
- Howland v. BlakeSupreme Court of the United States · 1878
- Stockbridge Iron Co. v. Hudson Iron Co.Massachusetts Supreme Judicial Court · 1871
- Insurance Co. v. NelsonSupreme Court of the United States · 1881
- Shattuck v. GaySupreme Court of Vermont · 1872
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3Cited by5 opinions
- Flanagan v. PrudhommeSupreme Court of New Hampshire · 1994
- Amoskeag Manufacturing Co. v. ManchesterSupreme Court of New Hampshire · 1899
- Hould v. Maryland Casualty Co.Supreme Court of New Hampshire · 1929
- Moynihan v. BrennanSupreme Court of New Hampshire · 1914
- Chabot v. ShinerSupreme Court of New Hampshire · 1948