Baab v. Houser
Supreme Court of Pennsylvania
Appeal, No. 137, Jan. T., 1901, by defendant, from decree of C. P. Luzerne Co., Oct. T., 1895, No. 13, on bill in equity in case of Charles Baab v. John B. Houser. Bill in equity to reform a deed.
Read the full summary
Appeal, No. 137, Jan. T., 1901, by defendant, from decree of C. P. Luzerne Co., Oct. T., 1895, No. 13, on bill in equity in case of Charles Baab v. John B. Houser. Bill in equity to reform a deed. From the evidence for the plaintiff it appeared that it had been the intention of the parties that the deed should convey a fee in the land with a reservation of the coal, but that the reservation of the coal had been omitted by the scrivener who attempted to supply its place by interlining the word “ surface ” at the time the deed was executed by the parties. The court entered the following decree:…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The jurisdiction of equity to reform a deed which by mistake fails to express the intention of the parties at the time is unquestionable : Cook v. Liston, 192 Pa. 19; Stafford v. Giles, 135 Pa. 411. It is, however, a power to be exercised with great caution to avoid infringing upon the statute of frauds, and only in very clear cases, especially where parties are witnesses and the decree must rest even partially on their testimony.
In the present case, however, the evidence is ample.
We have in the first place the insertion of the unusual word “ surface ” in the…
2Cases cited2 opinions
- Cook v. ListonSupreme Court of Pennsylvania · 1899
- Stafford v. GilesSupreme Court of Pennsylvania · 1890
3Cited by6 opinions
- Broida v. Travelers InsuranceSupreme Court of Pennsylvania · 1934
- McNAUGHTON PROPERTIES, LP v. BarrSuperior Court of Pennsylvania · 2009
- Radnor Building & Loan Ass'n v. ScottSupreme Court of Pennsylvania · 1923
- Seaboard Radio Broadcasting Corp. v. YasskySuperior Court of Pennsylvania · 1954
- Armstrong County Building & Loan Ass'n v. GuffeySuperior Court of Pennsylvania · 1938
1 more not listed; retrieve them via the Exa API.