Doman v. Brogan

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that the equitable defense of mutual mistake may be raised in actions in ejectment
• noting “as a general rule, where there is a conflict between courses and distances or quantity of land and natural or artificial monuments, the monuments prevail” (cleaned up)
• “Deed ‘construction’ should not be confused with deed ‘reformation,’ whereby a Court of Equity might rewrite the written word based on clear, precise and indubitable evidence of mutual mistake or fraud.”
• preference of monuments is not imperative nor mutually exclusive in sense that to rely on monument prevents any reference to other measurements, distances, etc., that are proximate and thus supportive, but not coexistent with monuments

Source: CourtListener parenthetical corpus (CC0).