
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1905. Excerpt:... Deeds. Deeds--Continued. 4. Description. Intentional use of mistaken terms. The description of land in a deed may be reformed so as to embrace the tract sought to be conveyed, although the parties intentionally used the terms of description as written in the deed, if they did so under the mistaken impression that they properly described the tract. Miles v. Miles, 624. 5. Same. Consideration. Volunteers. The grantees in a deed, supported in part by a valuable consideration, are not mere volunteers, and are not precluded from having the deed reformed, although the entire consideration may not have been a valuable one. Ib. 6. Same. Concrete case. Where a deed from a grantor to his son was a part of the transaction by which a family settlement was arranged and perfected, and the purchase by such son of his brother's interest was a part of the con-sideration moving the grantor to divide the property, a court of equity would reform the deed to effectuate the intention of the par-ties, as they occupied the position of persons who had inherited the property, undertaken to divide it, and a mutual mistake had oc-curred. Ib. 7. Grantor. Wrong person named as. Record. Notice. Where the scrivener, supposing a certain person was to execute a deed, wrote his name therein as the grantor, but it was signed, acknowl-edged, and delivered by another person not mentioned in the instru-ment, its record is not constructive notice to a subsequent purchaser that it was the deed of the person who signed it. Marx v. Jordan, 334-8. Reservations. In order for a reservation in a deed to be operative it must withhold from the grant something which would have passed by the deed but for the reservation. Barataria, etc., Co. v. Ott, 737. 9. Same. Construction. In construing a reservation...
Page Count:
318
Publication Date:
2012-02-01
ISBN-10:
1154289362
ISBN-13:
9781154289367
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