Andrews v. Andrews
Supreme Judicial Court of Maine
Os report. Bill in equity, beard on bill, answer and proofs. The bill was brought to reform a deed of real estate, given by the plaintiff to the defendant, October 14, 1884; the plaintiff claiming that a certain quarry, and three small lots of land were included in the description’in the deed tinder a mutual mistake, and that they should have been excepted therefrom. The facts are fully stated in the opinion.
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Os report. Bill in equity, beard on bill, answer and proofs. The bill was brought to reform a deed of real estate, given by the plaintiff to the defendant, October 14, 1884; the plaintiff claiming that a certain quarry, and three small lots of land were included in the description’in the deed tinder a mutual mistake, and that they should have been excepted therefrom. The facts are fully stated in the opinion. Equity will relieve as between the parties in case of admitted mutual mistake in deeds. Will reform-the deed on parol evidence, though defendant denies the alleged mistake, if the court…
1Opinion of the Court
. Virgin, J.
The plaintiff seeks to reform her warranty deed to the defendant, upon the ground that its metes and bounds include not only her homestead farm which alone she sold and intended to convey, but also, by reason of a misapprehension of its true boundaries, three other small adjoining parcels of land together with a granite ledge, all of which prior to 1867 were a part of the original farm but were severally sold and conveyed *339to various grantees by the original owner, — one of the plaintiff’s early predecessors in title.
The office of a description of the land in a deed of conveyance…
2Cases cited3 opinions
- Kilmer v. . SmithNew York Court of Appeals · 1879
- Bush v. . HicksNew York Court of Appeals · 1875
- German American Insurance v. DavisMassachusetts Supreme Judicial Court · 1881
3Cited by9 opinions
- Blue Rock Industries v. Raymond International, Inc.Supreme Judicial Court of Maine · 1974
- Sargent v. CoolidgeSupreme Judicial Court of Maine · 1979
- Sargent v. CoolidgeSupreme Judicial Court of Maine · 1981
- Bartlett v. BrownSupreme Court of Missouri · 1894
- Dockstader v. GibbsSupreme Court of Oklahoma · 1912
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