Harding v. Randall
Supreme Judicial Court of Maine
This was a bill in equity, and was beard on bill, answer, and proof, The case, and the points made in defence, appear in the opinion of the Court. and cited 1 Story on Eq. >§> 188, 190, 193, 140, 161; 2 Kent’s Com. c. 39; Smithwiclc v. Jordan, 15 Mass. II. 113. and cited Low v. Treadwell, 3 Fairf. 441; Elder v. Elder, 1 Fairf. 80 ; 1 Mad. Ch. 76; Jeremy’s Eq. 366; 2 Atk. 592; 3 Swanst. 463 ; 1 Story’s Eq. 146, 147; 2 Johns. Ch. R. 557; ih. 632.
1Opinion of the Court
The case was continued for advisement, and the opinion of the Court subsequently drawn up by
Sheplev J.
The bill in substance alleges, that the respondent either by fraud or by mistake, obtained a deed of a lot of land from the plaintiff’s late husband, so describing the lot as to include the easterly end of a dwellinghouse standing upon an adjoining lot, and a well near to it; when it was the intention and belief of the grantor, that the boundary line should pass two feet easterly of the *333eastern end of the bouse, and should exclude the well. The deed bears date the sixth day of March, 1833.…
2Cited by3 opinions
- Lanier v. HillSupreme Court of Alabama · 1854
- Mason v. CrosbyU.S. Circuit Court for the District of Maine · 1846
- Leach v. Republic Fire InsuranceSupreme Court of New Hampshire · 1878