Bullock v. Whipp
Supreme Court of Rhode Island
Bill in Equity to reform a mortj e. On demurrer to the bill. The circumstances in which this suit was brought are stated in the opinion of the court. 1. Equity will not relieve against mistakes arising from negligence. Brown v. Fagan, 71 Mo. 563 ; Atlantic Fire Marine Ins.
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Bill in Equity to reform a mortj e. On demurrer to the bill. The circumstances in which this suit was brought are stated in the opinion of the court. 1. Equity will not relieve against mistakes arising from negligence. Brown v. Fagan, 71 Mo. 563 ; Atlantic Fire Marine Ins. Co. v. Wilson, Gall Co. 5 E. I. 479; Graham v. Berry-man, 19 N. J. Eq. 29 ; Billett v. Kemble, 25 N. J. Eq. 66 ; Voorhis v. Murphy, 26 N. J. Eq. 434. ■ 2. By our statute, deeds of land shall be in writing, signed, sealed, and delivered by the party making the same, and acknowledged . . . and recorded. Pub. Stat. B. I. cap.…
1Opinion of the CourtStiness, J.
The complainant, in September, 1875, loaned thirteen hundred dollars to William H. Whipp, and received his note for that amount, together with a paper purporting to be a mortgage of certain real estate, as security for the note. This paper, in the ordinary form of mortgage, duly signed, acknowledged, and recorded, did not bear the seals of Whipp and his wife. In August, 1884, the respondent, Peck, attached all the right, title and interest of Whipp in said real estate, which he subsequently purchased under a sale by the sheriff. The complainant now prays for a reformation of the mortgage by…
2Cases cited5 opinions
- Hart v. Farmers & Mechanics BankSupreme Court of Vermont · 1860
- Lebanon Savings Bank v. HollenbeckSupreme Court of Minnesota · 1882
- Pratt & Fox v. ClemensWest Virginia Supreme Court · 1871
- Goodman v. RandallSupreme Court of Connecticut · 1877
- Springfield Five Cents Savings Bank v. South Congregational SocietyMassachusetts Supreme Judicial Court · 1879
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- In Re BurnsUnited States Bankruptcy Court, D. Rhode Island · 1995