Bennett v. Whitcomb
Supreme Court of Minnesota
Plaintiff brought this action, in the district court for Olmsted county, against the defendant Jolly and others, to reform a power of attorney made by defendant Jolly, and a deed made thereunder, by correcting the description of lands therein contained.
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Plaintiff brought this action, in the district court for Olmsted county, against the defendant Jolly and others, to reform a power of attorney made by defendant Jolly, and a deed made thereunder, by correcting the description of lands therein contained. O. P. Whitcomb, the appellant, moved for leave to intervene and become a party to the action and file a complaint as intervenor, pursuant to Gen. St. c. 66, § 111, as amended by Laws 1876, c. 50. (Gen. St. 1878, c. 66, § 131.) The application was made on affidavit, and the proposed complaint, which alleged title in fee in the intervenor to the…
1Opinion of the CourtCornell, J.
The object of this action was to correct a misdescription of premises occasioned, as is alleged, by inadvertence and mutual mistake in the execution of certain powers of attorney, and a certain deed made in pursuance thereof, on September 22,1876, for the purpose of conveying to the plaintiff certain premises purchased by him of the defendants, and to reform such instruments in conformity with the actual agreement and intention of the parties thereto. Defendants made no answer to the complaint, but suffered a default to be entered against them. After such a default, the appellant herein, Mr.…
2Cases cited3 opinions
- Horn v. Volcano Water Co.California Supreme Court · 1859
- Gasquet v. JohnsonSupreme Court of Louisiana · 1830
- St. John v. WestNew York Supreme Court · 1850
3Cited by18 opinions
- Chapman v. DorseySupreme Court of Minnesota · 1950
- Chapman v. DorseySupreme Court of Minnesota · 1950
- Faricy v. St. Paul Investment & Savings SocietySupreme Court of Minnesota · 1910
- Lewis v. HarwoodSupreme Court of Minnesota · 1881
- Becker v. NorthwaySupreme Court of Minnesota · 1890
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