Litchfield v. Burwell
New York Supreme Court
The complaint in this cause is in the nature of a bill in equity, to correct an alleged mistake in a deed of conveyance executed by Joseph Clary in the year 1830. Erie county is specified as the place of trial. The plaintiff claims through various mesne conveyances, under Clary’s grantee.
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The complaint in this cause is in the nature of a bill in equity, to correct an alleged mistake in a deed of conveyance executed by Joseph Clary in the year 1830. Erie county is specified as the place of trial. The plaintiff claims through various mesne conveyances, under Clary’s grantee. It appears from the complaint, that the land in question lies in the city of Buffalo, and it is alleged that only a small part of the land described in the deed was owned by Clary, but that he owned an adjoining lot which is the one intended to have been conveyed. The object of the suit is to obtain a…
1Opinion of the Court
Sill, Justice.
There are fatal objections to granting a judgment in this case. It may be proper to remark that the moving counsel is not responsible for the irregularities appearing here, as he is not the attorney, in the case. By the Code parties may consent to a reference and may agree upon a suitable person for a referee; still it directs the appointment to be made by the court (§ 270-273). The person selected must be suitable for the purpose (§ 273); and if the court is satisfied that the selection is not a proper one, the order appointing him (at least in the case of infant defendants)…
2Cited by10 opinions
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- Keeler v. KeelerWisconsin Supreme Court · 1869
- Heilbrunn v. KelloggAppellate Division of the Supreme Court of the State of New York · 1937
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