Gouverneur v. Titus

Citations

• 6 Paige Ch. 347

Syllabus

<p>Where the owner of the north east corner of a lot of land sold the same, but by mistake conveyed to file purchaser the northwest comer ofthe lot, which belonged to another person ; and the purchaser afterwards sold the same land to the complainants in payment of an antecedent debt, but made the same mistake in his conveyance to them ; and upon the discovery of the mistake the grantor and grantee in the first deed joined in a deed to the complainants, for the north east corner of the lot, for the purpose of correcting the error in the former deeds ; Held, that the complainants were entitled to the land in equity in preference to the defendant who had purchased in the same, after notice of the mistake, under a judgment recovered against the original vendor after the giving of the first deed but before the giving of the deed in which the error was corrected.</p> <p>As a court of equity will not allow the legal Hen ofa judgment to be enforced against a vendee who had purchased and paid for his land before the recovery of the judgment, a purchaser of the land under such judgment, who at the time of his purchase had notice of the equitable rights of the original vendee, will not be permitted to hold the land as against him or his assigns.</p>