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33 Me. 222

Davis v. Rogers

Supreme Judicial Court of Maine

Decided July 1, 1851

Supreme Judicial Court of Maine · decided 1851-07-01

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.

Cited by 2 later decisions — most recently March 1938

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1851-07-01

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Sheplet, C. J.

¶1— 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.

¶2A demurrer to the bill has been filed by the defendant Rogers.

¶3It 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 upon which he had entered, and erected buildings.

¶4Ephraim Watson, it is alleged, has deceased. Calvin Copeland and Foss Hamilton are not made parties. No correction of the alleged mistakes can be made, without proof of their knowledge of them; nor can a correction of their conveyances be made, or their rights be affected, unless they have an opportunity to be heard, by being made parties to the bill.

¶5Demurrer allowed.

¶6Leave to amend was thereupon granted, and the action was continued.

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