Cake v. Cake
Citations
- 127 Pa. 400
- 17 A. 984
- 1889 Pa. LEXIS 1129
Syllabus
<p>(a) A mortgage, by a clerical error, described certain lots conveyed as in block 17 instead of in' block 7. The description of the lots, both as to boundaries and improvements, could apply only to lots in block 7. After tire mortgagor died, a decree re-forming the mortgage was obtained by bill in equity, all the heirs being made parties.</p> <p>1. In such case, whether notice of the proceeding in equity to an heir as an heir did or did not bind him as a judgment creditor was immaterial, for the mortgage, as to an heir familiar with the property for years and whom the misdescription could not deceive, was a valid conveyance without re-formation.</p>
Judges: Clark, Green, Paxson, Sterrett, Williams
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