Ludington v. Ford

• Court: Michigan Supreme Court
• Writing for the Court: Marston, J:
• Citation: Ludington v. Ford, 33 Mich. 123 (Mich. 1876)
• Decision Date: 05 January 1876
• Parties: James Ludington and another v. George W. Ford and others

33 Mich. 123

James Ludington and another v. George W. Ford and others

Supreme Court of Michigan

January 5, 1876

Heard October 15, 1875; October 19, 1875

Appeal in Chancery from Mason Circuit.

Decree of the court reversed, and the bill dismissed, with costs of both courts to defendants.

Shubael F. White and Mariner, Smith & Ordway, for complainants.

E. N Fitch, William L. Mitchell and Robert Rae, for defendants.

OPINION

Marston, J:

The bill in this case was filed to correct a mistake. It is claimed that at the time of the agreement of April 5, 1859 referred to in the case of Ford v. Loomis, supra p. 121, a certain description of land which was not embraced in the tax deeds to Durand, but which was embraced in the deeds from Ford to Durand of November 16, 1858, was by mistake omitted from the deed made by Durand to complainants.

In order for the complainants to obtain the relief sought, it must appear not only that there was an error on both sides, but the mistake must be admitted or distinctly proved. -- Tripp v. Hasceig, 20 Mich. 254; Case v. Peters, 20 Mich. 298.

The complainants have wholly failed in establishing either of these propositions. We are rather of opinion, on the contrary, that the only lands contracted to be conveyed by Durand to the complainants were those described in the tax deeds. None others are embraced in the deed from Durand, and it...