Carr v. Williams
Ohio Supreme Court
This is a bill in chancery from the county of Hamilton. On January 3', 1827, Thomas Kitchen made his will, devising the property in controversy to his wife, for life, remainder in fee to his daughter Mary. Mary married Joseph S. Williams, and in April, 1835, after the death of the testator, and before the termination of the life estate, Williams and his wife joined in a conveyance of their estate to the complainant.
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This is a bill in chancery from the county of Hamilton. On January 3', 1827, Thomas Kitchen made his will, devising the property in controversy to his wife, for life, remainder in fee to his daughter Mary. Mary married Joseph S. Williams, and in April, 1835, after the death of the testator, and before the termination of the life estate, Williams and his wife joined in a conveyance of their estate to the complainant. The instrument of conveyance was a common printed blank filled up in the usual manner except in the premises, which read, “ Know all men by these presents that-in consideration of…
1Opinion of the CourtGrimke, J.
A deed which is intended to convey the legal estate, but which is so imperfectly executed as to fail of effecting that object, is deprived of the character of a conveyance, but may be treated as an agreement to convey, and a resort may be had to chancery for the purpose of enforcing it, and compelling a specific performance; or a bill may be filed for the purpose of rectifying the mistake, when the original deed, as reformed, will take the place of the conveyance which would otherwise be decreed by the court. In Cither case, however, the complainant has only an equity, and is obliged on this…
2Cases cited2 opinions
- Martin v. DwellyCourt for the Trial of Impeachments and Correction of Errors · 1830
- M'Call v. M'CallSupreme Court of Connecticut · 1809