Sickmon v. Wood

Citations

• 69 Ill. 329

Syllabus

<p>1. Mistake—correction as against a bona fide purchaser. In cases of mistake in written instruments, as against bona fide purchasers for a valuable consideration, without notice of the mistake, courts of equity will grant no relief. Therefore, a bill seeking to foreclose a mortgage in which a mistake occurs in the description of the land, which is sought to be corrected as against a purchaser for a valuable consideration, which fails to allege that the subsequent purchaser purchased with notice of the mistake, is defective.</p> <p>2. Description oe land—whether the meridian or the county controls. Where a mortgage described the land as “a certain tract of land situate, lying and being in the county of Warren, and State of Illinois, known, designated and described as follows, to-wit: the south-west quarter of section 12, in township 8 north, range 2 west of the third principal meridian Held, that the description by the meridian would prevail over that by the county.</p> <p>3. Fokeclosuke—mortgagor should be brought into court before deoree. On bill to foreclose a mortgage as against the mortgagee and a subsequent purchaser, and to correct an alleged mistake in the description of the land, there was no service had upon the mortgagor, and a decree was taken as against the purchaser: Held, that in such a case the mortgagor should have been brought into court before the decree was entered.</p>