Spaulding v. Mozier

Citations

• 57 Ill. 148

Syllabus

<p>1. Equity—correction of mistake. Where personal property is correctly described in a chattel mortgage, but the lot of ground upon which it is situated is misdescribed, such misdescription will be rejected as surplusage, and equity will not take jurisdiction to make a useless correction of the mortgage.</p> <p>2. Evidence—parrot. In such a case parol evidence would be admissi- . ble to establish the identity of the property, and in this the law affords a full and complete remedy, and it must be sought on thp common law side of the court.</p> <p>3. Sale—mortgaged chattels on execution. Where creditors hold an execution against the mortgagor of chattels, they may sell such chattels subject to the lien of the prior mortgage, and equity will not enjoin such a sale.</p>