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HOWLAND V. BLAKE, 97 U. S. 624 (1878)

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Howland v. Blake, 97 U.S. 624 (1878)

Howland v. Blake

97 U.S. 624


A., to secure the payment of money borrowed from B., mortgaged land to the latter, who commenced proceedings in foreclosure, and obtained a decree under which he purchased the land, and received a deed therefor from the proper officer. He subsequently conveyed it to C. Eight years after the death of B., A. filed his bill against C., alleging a parol agreement whereby he was to make no defense to the foreclosure; that the equity of redemption, notwithstanding the sale and the deed made pursuant thereto, should not be thereby barred, but that B., on receiving his debt from the rents and profits of the land, should convey it to A.; that B., desiring to be repaid at an earlier date, C., at A.'s instance, paid the same, and took a deed from B. with a full knowledge of the agreement between the latter and A.; that C. agreed that, when reimbursed out of the rents and profits of the land, he would convey it to A.


1. That in order to make out his alleged agreement with B., the burden was upon A. to produce evidence of such weight and character as would justify a court in reforming a written instrument, which, upon the ground of mistake, did not set forth the intention of the parties thereto.

2. That such evidence not having been produced to show the alleged agreement, and A.'s continuing interest in the land, his parol agreement with C. was void under the statute of frauds.

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