Herrick v. Starkweather
New York Supreme Court
Appeal from special term, Otsego county. Action by John D. Herrick against Geoyge M. Starkweather and Ida M. Starkweather to reform and cancel a deed, executed by plaintiff, conveying certain land to Lovina B. Starkweather, since deceased, which land said grantee devised to defendants.
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Appeal from special term, Otsego county. Action by John D. Herrick against Geoyge M. Starkweather and Ida M. Starkweather to reform and cancel a deed, executed by plaintiff, conveying certain land to Lovina B. Starkweather, since deceased, which land said grantee devised to defendants. Prior to the 9th day of December, 1880, the plaintiff was seised in fee of the premises described in the complaint, consisting of a house and lot in the village of Worcester, of the value of some $1,800. Plaintiff was a widower, his wife having died in 1876. He had two children then living,—Lavina B.…
1Opinion of the CourtHardin, P. J.
In the complaint no allegations of fraud or mistake are found in respect to the deed in question; nor does the evidence indicate, or the findings of fact present, any mistake or fraud in respect to the execution and delivery of the deed of the premises in question. In Story’s Equity Jurisprudence, in laying down the rule for guidance of courts of equity in setting aside, canceling, and directing to be delivered up agreements and other instruments, it is said, in section 695, vol. 2„ that the court will so do— “First, where there is actual fraud in the party defendant, in which the party…
2Cases cited4 opinions
- Wilson v. . DeenNew York Court of Appeals · 1878
- McHenry v. . HazardNew York Court of Appeals · 1871
- Rider v. . MillerNew York Court of Appeals · 1881
- Waring v. Crane & CanfieldNew York Court of Chancery · 1830
3Cited by2 opinions
- Badgett v. WeldySupreme Court of Oklahoma · 1943
- Bohleber v. WaeldenNew York Supreme Court · 1894