Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-04-20
Law COURT DECISION.

decision was handed down from
law court, Friday in the Penobscot
county case of Orrison w. Cole. in
equity, against Perez Pickett and 9TH
ers The rescript, by Judge Strout, IS
as follows:
A mistake in a deed, If proved by
plehary evidence. may be reformed, in
SUIT in equity between the parties
!" IT, ii cannot be reformed in this case
because the suit is not between the
parties in the deed
lhefe IS another equitable principle
'hat when one person through fraud or
hiiSlaNc obtains the legal title and ap-
parent ownership Of property which in
justice and good conscience belongs to
"np'ler' Snch property is impressed
WIN trust in favor of the equitab bic
power.
IN inns case it is beyond controversy
ulat the complainant's grantor. Fred
T. nan, IN 1891, bought and paid for
,ne hlttredgc Friend lot" which
nat Il OF part of lot As. as delineated
one pan Of Etna. but by mutual
~'S'dke the lot did not include lot 81.
.'npialnant since his deed. and his
srahtor from the date Of his decd until
s ,onVeyed to complainant, have oc-
s1p'eu those premises as the real and
#tehslble owner.
r, III 1875 Anna Pickett and F. Willis
'nett bought and paid for the otis
% oarter farm,' which COMPRISED lots
80 ana part Of lot 149. and nothing
"Y,s. for many years prior this farm
ndu peen known as the otis T.. Carter
am, ,ain' ny mutual mistake the deed of
o,,is arm from Emily H. Phelps in
.,aueu lot H. which was never known
b. palt OF that farm, but had long
l.. ;, hhoWn as the "Kittredge farm
h" Inc mistake in including lot q
o ,,ra peeh proved by full and plcnary
ha .ae''Ve as the mutual mistake Of
v,e, i parties to the deed. T. Willis
hett' one Of the defendants. was
ny. VI the grantees to the deed in
- MI y, the mistake occurred. J-Ivsses
Nh ichett' Louisa Downcs and Perez
b. '' 'hree other defendants. claim
~, roSceht from Anna Pickett. an orig
a.. ~ Is held that complainant is emit
aea TO a convenience and release frn,,
,i., ABOVE defendants of all the right
WV. ana interest in and tn LOT u
pbolna was conveyed by Emily II.
Foh ,ps 10 Anna Pickett and F. Willis
ana -, ny her deed dated Nav o. 1899.
u ma, u'at they together with William
dofan al and Frank H. Moore. tw othe,
titi o through whom the lego,
ed mas passed. be perpetualIy cnioin
10. a,ohl asserting any claim tn said
the n1,;. me plan of Etna, known ae
con,o nittredge Friend lot" or from
tho ing ing or attempting to CONVEX
AGO. a'"e except to the complainant in
toro Y,oahce with the decree to he on
"red in this case ~ 0e ''
s, me defendant. Frederick ci,on
Otis assignee of a mortgage of The
ronoo,. arter farm in which is or
mor," uNiy included lot q. Whom N,
s.i1oa was given the mortgager wa.
did vi the legal title to LOT 81 I'm.
so, ~ hold the equitable title SIM.
nis.n,d nolder without notice or m.
mar;l,, e his mortgage must I've pri
farm, =, Sndrged upon the Otis /. carte
comn,, generation of lot II. If Tho
lot e1Ia liz, pays the mortgage or j,
ment oa nal be subjected to this nav
the mortan pldin ant to be subrogated II
Bill d;s sse rights of Simpson.
Fred. Sihissed as to Fred +. Hall ana
IA a,, A. Simpson and sustainad az
o'ner defendants. Compartment