246 Mass. 533 | Mass. | 1923
This is a suit for reformation of a deed given to Louisa A. Burke, one of the plaintiffs, by persons claiming title under Patrick McLaughlin, deceased. The plaintiffs allege that the description in the deed, through mutual
William Murray and Julia, his wife, two of the defendants, are the only appellants from the decrees entered by the justice who heard the case. Their answer neither admits nor denies the allegations of many paragraphs of the bill, but merely purports to leave the plaintiffs to prove the same. This course is not proper. A defendant in equity must answer fully, directly and specifically, with positiveness and certainty all material matters charged which affect the relief sought against him. Equity Rule 7. Smith v. Lasher, 5 John. Ch. 247. Taylor v. Luther, 2 Sumn. 228. A general denial is not sufficient. The answer with certainty should confess, avoid, deny, or traverse all material allegations. Costello v. Tasker, 227 Mass. 220. Dailey v. Doherty, 237 Mass. 365, 369. Story, Eq. Pl. § 852. If, because of lack of information or ignorance, a defendant is unable so to answer some part of the bill, an answer may be made on information and belief, or, if that course is not available, ignorance may be set up and facts may be put in issue by calling for their proof. Morris v. Parker, 3 John. Ch. 297. Utica Ins. Co. v. Lynch, 3 Paige, 210. King v. Ray, 11 Paige, 235. Whether, under the rules hereinafter cited, proof need be called for in the answer if the defendant properly avers ignorance, is not considered. See Brown v. Pierce, 7 Wall. 205, 211. Ordinarily, a defendant must answer positively, and not merely by remembrance or belief, to recent facts charged as within his own knowledge. Story, Eq. Pl. § 854. Slater v. Maxwell, 6 Wall. 268. Woods v. Morrell, 1 John. Ch. 103. Hall v. Wood, 1 Paige, 404. Sloan v. Little, 3 Paige, 103. An answer on its face wholly lacking conformity to these requirements should be treated as no answer at all. Keown v. Keown, 231 Mass. 404. Caines v. Fisher, 1 John. Ch. 8. Moreover, if facts well
The master, to whom the case was referred without instructions to report the evidence, found that the deed to Mrs. Burke was given under a mutual mistake of fact in that the parties intended to convey to her a considerably larger piece of land than that actually described in her deed, and ordered reformation as against the grantors, who are defendants, and who do not appeal. The appellants do not contend that the findings of the master of mutual mistake in this deed are unsupported by the evidence. The statute of frauds is not open even if the facts would have brought the case within its terms. Glass v. Hulbert, 102 Mass. 24. Tracy v. Blinn, 236 Mass. 585.
The question for decision is whether the plaintiffs are entitled to relief against the defendants William Murray and Julia E.'Murray, now holding legal title to the property omitted by mistake from the deed to Mrs. Burke. Admittedly they cannot prevail if these defendants stand in the position of bona fide purchasers for value and without notice. In case of mutual mistake, relief is afforded against those who claim under the grantor except against those who by reason- of being bona fide holders for value without notice have an equity superior to the grantee. Rumrill v. Shay, 110 Mass. 170. Wilcox v. Lucas, 121 Mass. 21. Livingstone v. Murphy, 187 Mass. 315. Hillside Coöperative Bank v. Cavanaugh, 232 Mass. 157. Jeselsohn v. Park Trust Co. 241 Mass. 388.
This principle must be applied to the facts in this case. The plaintiffs’ grantors, claiming under Patrick McLaughlin, deceased, owned land on Paul Gore Street and Chestnut Avenue in that part of Boston known as Jamaica Plain. McLaughlin got title in 1897 from a grantee of Charles Molé, and at that time there was on the property, at the corner of these streets and fronting on Paul Gore Street, a block of
When Mrs. Burke agreed to buy the corner property the fence was pointed out as the line of her purchase and she was told that the walk between the houses was on land to be conveyed to her. The parties assumed and believed that she had purchased all the area between the wire fence and its line extended arid Paul Gore Street. But by mistake, caused by the fact that the land was described in the deed of McLaughlin as two parcels, the scrivener included in the deed only the part of lot 26 which was separately described therein, thus omitting a part of lot numbered 25 bounding twelve and sixty-eight hundredths feet on Chestnut Avenue and extending to the rear line of grantor’s ownership and there eleven and eighty-one hundredths feet in width, which was intended to be included in the conveyance. This is the mutual mistake for which Mrs. Burke is clearly entitled to relief against those claiming under McLaughlin, disregarding for the moment the question of relief against Mr. and Mrs. Murray.
The master found that there was a mutual mistake in the deed given to Mr. and Mrs. Murray shortly after that to Mrs. Burke. The appellants do not deny that the plaintiffs are entitled to relief if this finding stands. Perhaps, strictly speaking, the existence of such mistake does not negative the subsequent grantee’s position of bona fide holders for value without notice. Such mistake, however, does undermine and destroy the effect of that status and leaves the grantee in the second deed subject to the superior equitable right of the grantee in that first given. It would be inequitable to allow such a purchaser to reap the harvest of a
The subsidiary findings of the master support his conclusion of mutual mistake in the deed to Mr. and Mrs. Murray. It is sufficient to say that his general finding was justified by the obvious situation — already described — disclosed by an inspection of the premises, by an inferential finding that Mrs. Murray, who inspected the premises before the sale, acted not only for herself but in her husband’s behalf; that she saw the fence and walk and knew their purpose and use; and by the agreement for sale which included only the estate numbered 139 Chestnut Avenue and did not specify boundaries or state the area except as five thousand square feet more or less. The resultant finding is a clear and satisfactory conclusion from these facts. Page v. Higgins, 150 Mass. 27. Kennedy v. Poole, 213 Mass. 495, 498. Winston v. Pittsfield, 221 Mass. 356, 361. Hayes v. Penn Mutual Life Ins. Co. 222 Mass. 382, 388. The agreement for sale included only the “ estate . . . numbered 139 Chestnut Ave . . . with the building thereon,” and properly construed embraced only the property so known and that reasonably required for the purposes for which the buildings were occupied or fitted for occupancy. Crabtree v. Miller, 194 Mass. 123, and cases cited at page 126. The width of the lot was not defined. The description of the area as five thousand square feet more or less did not enlarge the construction of the agreement. There was no evidence that quantity was an essential element of the bargain. Noble v. Googins, 99 Mass. 231. Ratshesky v. Piscopo, 239 Mass. 180. The error in writing the deed could be found to have been caused by the manner in which the property was described in the deed to McLaughlin.
The exception to the admission of the evidence that
The remaining exceptions fail because of the conclusions already stated. The interlocutory decree overruling the exceptions and confirming the master’s report was right. The final decree orders reformation of both deeds. Relief as against those claiming under the deed to the Murrays might have been in the form of a direction to release to Mrs. Burke the land intended to be included in her deed, coupled with such injunctive assistance as might be deemed necessary. Rumrill v. Shay, supra. Wilcox v. Lucas, supra. Cole v. Fickett, supra. Craig v. Kittredge, 23 N. H. 231. Perkins v. Canine, 113 Mich. 72. But no objection to the form of the decree is made by the appellants, and it is affirmed, with costs of the appeal as against the appellants.
The suit in which Mr. and Mrs. Murray are plaintiffs must be dismissed because of the result of that in which they are defendants, and the interlocutory and final decrees in their suit are to be affirmed, with costs of the appeal.
Decrees affirmed.