Johnson v. Visnuskki

Citations

• 72 Ill. 591

Syllabus

<p>Mortgage—mistake in, description—rights of purchaser. A man who owned two tracts of land, one being his homestead and the other a piece of timber, sold the timbered land, but, by mistake, conveyed the homestead. The purchaser took possession of the timbered land, and sold it to a third party, but conveyed by the description in the deed to him, being the homestead of the original owner, upon which such owner was still residing. The second purchaser executed a mortgage upon the same land conveyed to him, which mortgage contained a power of sale. After the execution of this mortgage, the mistake in the various conveyances was, for the first time, discovered. On the maturity of the mortgage debt, the mortgagee gave notice of sale under the mortgage, and, at the sale, the original owner of both tracts of land became the purchaser, and, as part of the purchase price, conveyed to the mortgagee the timber land which was originally sold and intended to be conveyed by him: Re Id, on a bill by the mortgagor to set aside the sale, that whatever might be his rights as to the timber land, he had no grounds for equitable relief as to the land sold under the mortgage.</p>