New York Court of Appeals

Chauncey Kilmer, Respondent v. James H. Smith, Appellants

May 20, 187977 N.Y. 226

Summary

The Court of Appeals affirmed the lower court's judgment granting reformation of a deed by striking out a fraudulent clause that imposed mortgage obligations on the grantee. The Court held that the clause was inserted without the grantee's knowledge or consent and therefore constituted fraud, justifying equitable relief. No other issues were altered.