Drury v. Hayden

Citations

• 111 U.S. 223
• 4 S. Ct. 405
• 28 L. Ed. 408
• 1884 U.S. LEXIS 1778

Syllabus

<p>Mistake — Mortgage.</p> <p>Where in a recorded deed of land subject to a mortgage, an agreement of the grantee to assume and pay it is inserted by mistake of the scrivener and against the intention of the parties, and on the discovery of the mistake the grantor releases the grantee from all liability under the agreement, a court of equity will not enforce the agreement at the suit of one who, in ignorance of the agreement, and before the execution of the release, purchases the notes secured by the mortgage ; although the grantee, after the deed of conveyance to him, paid interest accruing on the notes.</p>