Edwards v. Thompson

Citations

• 99 Wash. 188
• 169 P. 327
• 1917 Wash. LEXIS 1039

Syllabus

<p>Alteration of Instruments—Acts of Stranger—“Spoliation”— Effect. A delivery to an attorney of a mortgage for the sole purpose of filing it for record does not make him the agent of the mortgagor, with authority to make alterations by inserting an omitted description, such insertion being a spoliation by a stranger which does not affect the validity of the mortgage.</p> <p>Reformation of Instruments—Mutual Mistake. Where, by mutual mistake, a description of two lots was omitted from the mortgage, reformation of the instrument will be granted to make it express the agreement and intent of the parties.</p>