Ruffner v. McConnel
Illinois Supreme Court
Ruffner states, in his bill, that, for value received of Fielder, as general agent of Kanawa Salt Company, on 29th Aug., 1842, for consideration of $400, a deed was executed and acknowledged, on same day, at Naples, by Vansyckel and wife, and Mc-Connel and wife, two days afterwards at Jacksonville, to Fielder, for a tract of land in Scott county; Vansyckel and McConnel and wives “ covenanting that their heirs, executors and administrators will warrant and defend title to…
Read the full summary
Ruffner states, in his bill, that, for value received of Fielder, as general agent of Kanawa Salt Company, on 29th Aug., 1842, for consideration of $400, a deed was executed and acknowledged, on same day, at Naples, by Vansyckel and wife, and Mc-Connel and wife, two days afterwards at Jacksonville, to Fielder, for a tract of land in Scott county; Vansyckel and McConnel and wives “ covenanting that their heirs, executors and administrators will warrant and defend title to said premises, and to every part thereof, to him, the said party of the second part, his heirs and assigns forever, against…
1Opinion of the CourtSoates, C. J.
The bill seeks to correct a mistake of fact, alleged to have been made by omitting to insert the word “ they ” in the covenant of warranty in a deed of conveyance, so as to make it a personal covenant of the vendors; and thereupon, for relief by decree for the purchase money, with interest, on breach of the covenant so reformed, by recovery from vendors and vendee, by paramount title, in a case in equity, to which all were parties defendants.
We do not think the record shows a case for the interposition of a court of equity. We recognize a mistake in fact as a ground for equitable…
2Cited by6 opinions
- Allen v. YeaterWest Virginia Supreme Court · 1880
- Comstock v. BrosseauIllinois Supreme Court · 1872
- Hennepin Paper Co. v. Fort Wayne Corrugated Paper Co.Court of Appeals for the Seventh Circuit · 1946
- Farm Land Mortgage Co. v. WildeSupreme Court of Oklahoma · 1913
- Anderson v. HymanWest Virginia Supreme Court · 1933
1 more not listed; retrieve them via the Exa API.