Greeley v. DeCottes

Citations

• 24 Fla. 475

Syllabus

<p>1. D. mortgaged a tract of land to J. C. & Co., and there was a misdescription in the land so mortgaged in certain courses . and distances; the mortgage was foreclosed and the land sold, the mortgagees being the purchasers at the sale, the misdescription of the land being carried into the foreclosure proceedings and into the deed thereunder. The purchasers conveyed the land, and there have been various conveyances of parts of said land down to-complainants: Held, That a court of equity has power to correct the misdescription of the land in the mortgage, the decrees and the deed from the mastin', so as to make the same conform to the true intent of the parties to the mortgage, or to give equivalent relief by injunction.</p> <p>2. Where a bill filed against the heirs of a mortgagor alleges a mistake in the description of laud as indicated above, and that the mortgagor and mortgagees intended the alleged true description, and that the mortgagees who purchased at a'foreclosure sale took possession of the land according to the true description, and that he and those claiming under him have since held possession according to the true description, and that the mistake has been but recently discovered, there is equity in the bill, and upon demurrer, for want of equity, the bill should not be dismissed, but the demurrer should be overruled and the defendant required to answer or plead to the bill.</p>