99 Mich. 71 | Mich. | 1894
Complainants, as grantees of one
Spriggs, file this bill to reform a deed given by defendant Long to Spriggs, and to remove a cloud from their title caused by a subsequent conveyance to defendant Gooding.
The evidence clearly tends to show, however, that, at the time of the transfer from Long to Gooding, the former went over the lands with'Gooding, and located lines; that, at that time, the adjoining lands on the west, had been platted into village lots; that the north line of one of the streets in said plat, extended, was the south line of this parcel; that a way, in fact, existed from this platted street across the land immediately south of parcel G; that a board fence had been built on the south line of this way; that, when Long and Gooding went over the lines, Long told Gooding that he (Long) had fenced out four rods for a street, aud that the land north of the street belonged to Spriggs; that the mistake in the description was not discovered by complainants until after the conveyance to Gooding, when Gooding informed complainants thereof, and promised to quitclaim to them, but afterwards refused, giving, -as a reason, that his acreage was short.
We are satisfied that the circuit judge reached the correct conclusion, and the decree, which was for complainants, is affirmed.