MacVeagh v. Burns

Citations

• 2 S.D. 83
• 48 N.W. 835
• 1891 S.D. LEXIS 9

Syllabus

<p>A claimant, who made an entry under the townsite law, in making his statement, for the purpose of procuring a deed for land which he occupied and had improved, to the probate judge as trustee of his claim, made a clerical mistake in the description of the lots claimed by him, by making a call to a monument at corner No. 1, instead of to corner No. V, as intended. In due time the probate judge, as trustee, issued his deed awarding- the lots as described in the written statement of claimant. The lots as so described were never occupied or improved by the claimant, or intended to be deeded to him. Held, that this was such a mutual and reciprocal mistake between the claimant and the probate judge as will support a cause of action in a court of equity to have the deed reformed, and to quiet him in his possession under the erroneous deed.</p> <p>(Syllabus by the court.</p>