Russell v. Mixer

Citations

• 42 Cal. 475

Syllabus

<p>Mistake in Satisfying Instead of Assigning a Mortgage—Relief.— Where the owner of a mortgage agreed to assign it to a third person, and at his request entered a satisfaction of record, both supposing that would carry out their intentions; held, upon a proper complaint by the intended assignee against the mortgagor, setting up the facts, that equity would relieve against the mistake and decree a foreclosure of the mortgage. Curing Mistakes of Parties’ own Ignorance or Inattention.—Equity will grant relief against a mistake by which parties, through their own. ignorance or inattention, fail to select or prepare a proper kind of instrument to effectuate their agreement and intention, the same as if such mistake were made by a scrivener.</p> <p>Defective Complaint.—When a complaint is defective in manner rather than in matter, if no objection is taken by demurrer, it will be held sufficient to support a judgment.</p>