Daggett v. Ayer
Supreme Court of New Hampshire
Bill in Equity, to reform a deed. January 6, 1868, Francis B. Ayer made and delivered to the plaintiffs a warranty deed of lot No. 1, on a certain plan of lots. At the time of making the deed Ayer pointed out to the plaintiffs lot No. 2, adjacent to lot 1, as the land he was selling and conveying to them.
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Bill in Equity, to reform a deed. January 6, 1868, Francis B. Ayer made and delivered to the plaintiffs a warranty deed of lot No. 1, on a certain plan of lots. At the time of making the deed Ayer pointed out to the plaintiffs lot No. 2, adjacent to lot 1, as the land he was selling and conveying to them. The plaintiffs paid the purchase-money, entered upon lot 2, and occupied it until 1869, when, following the description contained in Ayer’s deed to them, they conveyed lot 1 with warranty to J ames Whitney, who entered upon and occupied lot 2 until his death in 1881. After his decease his…
1Opinion of the CourtCaepentee, J.
The plaintiffs ask that Ayer’s deed conveying to them lot No. 1, to which he had no title, may be so reformed as to convey lot No. 2, to which he had no title. The correction is sought, not to establish a title to lot 1, but to give the plaintiffs a right of action on a covenant for title to lot 2 in place of their right of. action on the covenant for title to lot 1, which has apparently become barred by the statute. The possession of lot 1 by the owner - at the time Ayer’s deed to the plaintiffs was delivered was equivalent to an eviction. The covenant was broken as soon as it was made.…
2Cases cited4 opinions
- Duvall v. CraigSupreme Court of the United States · 1817
- Noonan v. LeeSupreme Court of the United States · 1863
- Green v. HackleyCourt of Appeals of Kentucky · 1860
- Curtis v. DeeringSupreme Judicial Court of Maine · 1835
3Cited by1 opinion
- Succession of HautauSupreme Court of Louisiana · 1880