Davis v. Rogers
Supreme Judicial Court of Maine
Bill in Equity. The allegations of the bill are in substance as follow : — In April, 1832, Ephraim Watson was owner of the west half of lot No. 20. He then gave one Hamilton a bond to convey the same to him on the payment of a stipulated sum.
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Bill in Equity. The allegations of the bill are in substance as follow : — In April, 1832, Ephraim Watson was owner of the west half of lot No. 20. He then gave one Hamilton a bond to convey the same to him on the payment of a stipulated sum. Subsequently, but at what time the plaintiff is ignorant, Watson, by the consent of Hamilton, agreed by bond to convey to James McNally, five acres off- of the south end of said west half of the lot, but the plaintiff does not know that the writings between Watson and Hamilton were altered. Thereupon McNally went into the occupation of the five acre lot;…
1Opinion of the CourtSheplet, C. J.
— The plaintiff seeks discovery and relief, by the correction of alleged mistakes, made in conveyances of the west half of a lot of land numbered twenty, in the third range, in the town of Cambridge.
A demurrer to the bill has been filed by the defendant Rogers.
It appears, that Ephraim Watson conveyed the land to Calvin Copeland, who conveyed the same to Foss Hamilton, who conveyed the same to the defendant Rogers. It is alleged, that mistakes were made in these conveyances, by including five acres to be taken from the south end of the lot, which *225James McNally had contracted to purchase, and…
2Cited by2 opinions
- Steadham v. CobbSupreme Court of Georgia · 1938
- Indian River Manufacturing Co. v. WootenSupreme Court of Florida · 1904