Hutson v. Fumas
Supreme Court of Iowa
Appeal from Iowa Disl/riot Gov/rt. Action in equity to correct a mistake in the description of the property, conveyed by a deed, executed by plaintiff to John Furnas, and by him sold and conveyed to the defendant, Isaiah Hixon. Judgment was for plaintiff, and the defendants appeal.
1Opinion of the CourtCole, J.
— The evidence satisfies us, that tbe plaintiff, in 1854, sold and conveyed to the defendant tbe land lying between Hutson’s inclosed land and tbe land of one'William. Furnas, containing about seventy acres — tbe line along Hut-son’s inclosed land was to be straight and not run with tbe fence; tbat, in tbe measurement of tbe land, its width was, by mistake, made fifty-eight and a half perches, whereas, in fact, it was but fifty-two and a fraction; that before tbe parties discovered tbe .mistake, and in 1864, Furnas sold tbe land to bis co-defendant Hixon, and conveyed tbe same by tbe mistaken…
2Cited by2 opinions
- Venable v. BurtonSupreme Court of Georgia · 1907
- Roszell v. RoszellIndiana Supreme Court · 1887