Stoll v. Nagle
Wyoming Supreme Court
Error to the District Court, Laramie County, Hon. Richard H. Scott, Judge. This action was brought by Walter R. Stoll against Emma J. Nagle and others to reform a deed in the matter of description, and for other purposes. From a judgment denying reformation the plaintiff prosecuted error. The facts are stated in the opinion.
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Error to the District Court, Laramie County, Hon. Richard H. Scott, Judge. This action was brought by Walter R. Stoll against Emma J. Nagle and others to reform a deed in the matter of description, and for other purposes. From a judgment denying reformation the plaintiff prosecuted error. The facts are stated in the opinion. If a mere denial of the existence of the mistake by the grantor is all that is necessary to show that the mistake was not mutual, then no instrument could ever be reformed in which such denial was made. That, however, is not the law. Many instances exist in which there…
1Opinion of the Court
Beard, Justice.
The statements contained in the petition, so far as necessary to an understanding of the questions presented for review, are, in substance, as follows: That in 1885 one Erasmus Nagle, being the owner of lot 7, and the east 38 feet of lot 6, block 358, in the City of Cheyenne, erected a *91dwelling house on a portion of said 38 feet of lot 6, and a barn on the rear portion of said lots 6 and 7; and at the same time laid out and constructed a driveway from the front of said premises to the barn; the west line of the driveway being the east line of said house, and the east line a…
2Cases cited1 opinion
- Bancharel v. PattersonSupreme Court of Minnesota · 1896
3Cited by13 opinions
- Cordova v. GosarWyoming Supreme Court · 1986
- Russell v. CurranWyoming Supreme Court · 1949
- Crompton v. BruceWyoming Supreme Court · 1983
- State Bank of Wheatland v. Bagley Bros.Wyoming Supreme Court · 1932
- Raymond v. SteenWyoming Supreme Court · 1994
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