Gouverneur v. Titus
New York Court of Chancery
Tins was an appeal from a decree of the vice chancellor of the first circuit. The object of the complainants’ bill was to restrain the defendant from perfecting a legal title to certain real estate in the county of Franklin.
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Tins was an appeal from a decree of the vice chancellor of the first circuit. The object of the complainants’ bill was to restrain the defendant from perfecting a legal title to certain real estate in the county of Franklin. The defendant claimed under a judgment which at law overreached the legal title of the complainants to the premises in question, in consequence of a mistake in the description of the land in the first conveyance from the judgment debtor, which conveyance was previous to the judgment, but which mistake had been corrected in a subsequent deed from him. The facts in the…
1Opinion of the Court
The Chancellor.
It is admitted by the counsel for the appellant that the fact of the mistake in the two original conveyances of August 1827 and May 1829 is fully established by the evidence in the case; and as the defendant had notice of such mistake before the purchase of the premises under her execution, she acquired by that sale no greater right, as against C. H. Hammond or those who had subsequently acquired his equitable interest in the premises, than she previously had under the judgment itself. (Eells v. Tousley, 1 Paige’s Rep. 280.) I cannot discover upon what principle the defendant…
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